HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28936 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. 1. The writ petition was called on 25th August, 2025, when petitioner went unrepresented and Mr. Devendra Pratap Singh, learned advocate had appeared on behalf of respondent nos. 2 and 3. Text of order made that day is reproduced below. "1. None appears on behalf of petitioner, who is a minor seeking admission to class I in the Kendriya Vidyalaya. The minor is represented by his father. This is on revised call. 2. Mr. Rajesh Tripathi, learned advocate, Central Government Counsel appears on behalf of Union of India. Mr. Devendra Pratap Singh, learned advocate appears on behalf of respondent nos. 2 and 3 (the Kendriya Vidyalaya). He submits with reference to clause 4(VII)(C) of part-C (Procedural for Admission given in Guidelines for Admissions in Kendriya Vidyalaya 2025-26 and onwards) to submit, residence must be within 5 km radius of the school. Petitioner resides 5.68 km away even by reckoning of aerial distance. On query he submits, all seats in the category stand allotted. 3. As petitioner goes unrepresented, we give him one opportunity to be represented. However, it is made clear that in event he goes unrepresented on adjourned date, the writ petition will be dismissed. 4. List on 1st September, 2025 as fresh. " 2. Today Mr. Dinesh Kumar Srivastava, learned advocate appears on behalf of petitioner and relies on clause (c) under section 9 in Right of Versus Counsel for Petitioner(s) : Dinesh Kumar Srivastava Counsel for Respondent(s) : A.S.G.I., Narendra Pratap Singh, Rajesh Tripathi Shashank Shekhar Srivastava (Minor) .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) Children to Free and Compulsory Education Act, 2009. Relied upon provision is reproduced below. "9. Duties of local authority.--Every local authority shall-- ... (c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any ground; ...." 3. It is not that the child is being denied his right to education. His father wants him to be admitted to the Kendriya Vidyalaya, which has the admission procedure and requirements in place. Aerial distance of 5 kms. has been reckoned and still residence of petitioner is beyond that. The institution cannot give admission to all applicants. As such the rules cannot be interfered with on their enforcement. 4. We are constrained to dismiss the writ petition. September 1, 2025 Shiraz WRIC No. 28936 of 2025 2 (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad