Neutral Citation No. - 2025:AHC-LKO:28032 Court No. - 8 Case :- WRIT - C No. - 4463 of 2025 Petitioner :- Amritesh Kishan Thru. His Father Samant Kumar Respondent :- Navodaya Vidyalaya Samiti, Deptt. Of School Education / Literacy Thru. Commissioner And Others Counsel for Petitioner :- Manish Mani Sharma Counsel for Respondent :- Nishant Shukla,C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondent No.4 has been accepted by the office of the Chief Standing Counsel. Shri Nishant Shukla, learned counsel has accepted notice on behalf of the respondents No.2 and 3. By means of the instant petition, the petitioner prays for the following reliefs:- "I. Issue a writ, order or direction in the nature of mandamus directing and commanding the Respondent No.4; Tehsildar, Paliya, District Lakhimpur Kheri Uttar Pradesh to issue a certificate certifying that Vivekanand Academy, Palia Road, Bhira, District Lakhimpur Kheri is a school situated in rural area for admission in Navodaya Vidyalaya, Mitauli, Lakhimpur Kheri, as early as possible in the interest of justice. II. Issue a writ, order or direction in the nature of mandamus directing and commanding the Respondent No.3; Principal, Jawahar Navodaya Vidyalaya, Mitauli, Lakhimpur Kheri to confirm and regularize the admission of Petitioner in Class VI in Jawahar Navodaya Vidyalaya, Mitauli, Lakhimpur Kheri, in the interest of justice." The submission of the learned counsel for the petitioner is that the petitioner has completed his Class III, IV and V. At the time when the petitioner had taken admission, he had completed his Class III, IV and V from the school which was located in the rural area. Later, when the petitioner sought his admission in Class VI in the respondent No.1 Institution, it has been informed to the petitioner that since the school is now within the Nagar Palika Limit, hence, the petitioner has not been permitted or granted the admission simplicitor on the ground that a child was required to complete his education of Class III, IV and V in rural Institution. In this regard, the Court had required learned standing counsel to seek instructions, who on the basis of instructions issued by the Teshildar, Palia, District Lakhimpur Kheri has informed that Vivekanand Academy, Palia Road, Bhira, District Lakhimpur Kheri is now situated in Nagar Panchyat Bhiri, Ward No.9, Gurunanak Nagar which has been encampassed within the Nagar Palika Limit. Shri Nishant Shukla, learned counsel appearing for the respondents No.2 and 3 submits that since the school from where the petitioner has studied is now within the Nagar Palika Limit, hence, apparently, the admission may not be permitted to the petitioner. Having considered the aforesaid submissions and from a perusal of the material on record, it is not disputed that only ground which has been mentioned is the fact that a child must have completed his Class III, IV and V from an Institution which was located in rural area. In the instant case, it is not disputed fact that insofar as the present petitioner is concerned, he has completed his Class III, IV and V from Vivekanand Academy which is in the rural area. Any notification upon which the State or the respondents relied, they are all post October, 2018 whereas the petitioner had already taken admission and completed his education in rural area. Since, the education is continuing process which upon clearance of the examination, a child is promoted from one class to anther and admittedly what is to be seen is that a child who had completed his education in Class III, IV and V from rural area, which is not disputed and has already been done, accordingly, on his ground, the petitioner cannot be refused the admission. Accordingly, this Court is of the view that no gainful purpose will be served in keeping the petition pending as it affects a right of the minor to get his education which is now elevated as a fundamental right. Hence, the petition is allowed with a direction to the respondents No.2 and 3 to grant admission to the petitioner, if otherwise there is no legal impediment within a period of two weeks from today. With the aforesaid direction, the petition stands allowed in the aforesaid terms. Order Date :- 14.5.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench