HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35458 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Petitioner has declared it to be a prestigious school of Aligarh having a history of imparting good education, however, on basis of facts on records, it has failed to give admission to candidates from the list of 31 students under Right to Education Act. 2. Sri S.K. Pandey, learned counsel for petitioner submits that out of said list, 10 students were given admission, whereas remaining 21 students were not offered admission since their documents were not found to be qualified within provisions of said Act and when a notice was issued by concerned B.S.A., it was confronted on facts. Still by impugned order dated 15.09.2025, a fine of Rs. 1,00,000/- was imposed on petitioner school, which has been deposited. 3. Learned counsel further submits that concerned B.S.A. ought to have considered objections, however, same was not considered since there was violation of various provisions of said Act as well Rules framed therein. 4. Sri Dhirendra Pratap Singh, learned Standing Counsel for State has supported the impugned order that petitioner-school cannot make any objection so far as list as well as qualification of students are concerned. Petitioner - school has to give admission according to the list. Objection, if any, would be considered in accordance with law after giving proper opportunity of hearing to students and his parents, if so required, but that has to be done only after admission is given to students. The petitioner- school cannot object list on such grounds. Versus Counsel for Petitioner(s) : Sanjeev Kumar Pandey Counsel for Respondent(s) : C.S.C. Principal, Blue Bird, Senior Secondary School .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. I have considered above submissions and found that petitioner has no locus to object the list so much as to refuse the students from admission. Even if it is found that students were not qualified for the purpose of Right to Education Act, though there is no absolute bar, but first of all, school has to grant admission to all students and if there is any violation of provisions on basis of records, it can be made as a complaint to concerned B.S.A. which is not done in present case. Therefore, this Court does not find any illegality in the impugned order. 6. In view of above, this writ petition is disposed of with a direction to petitioner-school to call all students from the list (serial no. 1 to 21 as mentioned in impugned order) within 10 days. It is up to students to take admission in petitioner-school within aforesaid period or not. 7. It is further directed that concerned B.S.A. shall send said information to all students. In case petitioner-school takes aforesaid steps as directed above, the fine imposed on petitioner-school would be reduced from Rs. 1,00,000/- to Rs. 25,000/- and remaining amount would be returned to petitioner-school. 8. So far as objection is concerned, school has liberty to take appropriate remedy as available in law. The concerned B.S.A. will consider objection, if so filed, only after above referred procedure is concluded. October 10, 2025 N. Sinha WRIC No. 35458 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad