MASTER KHUSAANSH SHARMA S/O CHANDRA SHEKHAR SHARMA v. STATE OF RAJASTHAN
CW/12250/2025 · 2026-01-20
Bipin Gupta
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 18348 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18348 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:2440] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12250/2025
1. Master Khusaansh Sharma S/o Chandra Shekhar Sharma, Aged About 38 Years, Minor Through Natura Guardian Fa- ther Sh. Chandra Shekhar Sharma S/o Shri Ghanshyam Sharma, Aged About 38 Years, R/o 29D, 401,gharonda Pratap Nagar, Sanganer, Jaipur. 2. Ziva Mudgal D/o Vishal Kumar Mudgal, Minor Through Natura Guardian Father Sh. Vishal Kumar Mudgal S/o Shri Anil Kumar Mudgal, Aged About 35 Years, R/o 38, South Part, Aashadeep Shripuram, Jagatpura, Jaipur. 3. Master Aadvik Sharma S/o Avdhesh Kumar Sharma, Mi- nor Through Natura Guardian Father Sh. Avdhesh Kumar Sharma S/o Shri Durga Narayan Sharma, Aged About 38 Years, R/o Block C, 04 Jhelam Apartment, Pratap Nagar, Sanganer, Jaipur. 4. Jiyanshi D/o Chandra Mohan Meena, Minor Through Natura Guardian Mother Smt. Mamta Kumar Meena W/o Shri Chandra Mohan Meena, Aged About 35 Years, R/o Plot No. 156, Shiv Gorakh Nagar, Modal Town, Malviya Nagar, Jaipur. 5. Divita Yadav D/o Sh. Mahipal Singh, Minor Through Natura Guardian Father Sh. Mahipal Singh S/o Sh. Kajod Mal Yadav Yadav R/o D-258, Mahal Yojna, Ward No. 118, Jagatpura, Jaipur. 6. Bhumi Manwani D/o Sh. Vijay Manwani, Minor Through Natura Guardian Father Sh. Vijay Manwani S/o Sh. Gokul Chand Manwani, R/o House No. 264/93 Sector 26 Ware No. 33 Pratap Nagar, Jaipur. 7. Shreenika Mehra D/o Sh Himanshu Mehra, Minor Through Natura Guardian Father Sh. Himanshu Mehra S/o Sh. Shiv Narayan Mehra R/o 29-D, F-1-87, Godawari Apartment, Sector 29, Pratap Nagar, Sanganer, Jaipur. 8. Master Vansh Bhagtani S/o Sh. Jitendra Bhagtani, Minor Through Natura Guardian Father Sh. Jitendra Bhagtani S/ o Sh. Ramesh Chand Bhagtani F/o 113/258, Pratap Na- gar, Kumbha Marg, Sanganer Jaipur. 9. Master Skand Agarwal S/o Sh. Mahendra Agarwal, Minor Through Natural Guardian Lal Agarwal, R/o 29/100,
[2026:RJ-JP:2440] (2 of 4) [CW-12250/2025] Pratap Aparatment, Sector-29, Sanganer Jaipur. 10. Master Vihan Dhaked S/o Sh, Bhagwan Das, Minor Through Natura Guardian Father Sh. Bhagwan Das S/o Sh. Kalliram, R/o 29 D-276 Gharonda Sector 29, Pratap Nagar, Jaipur. 11. Aadya Parashar D/o Sh. Girish Parashar, Minor Through Natura Guardian Father Sh. Girish Parashar S/o Sh. Krishna Avatar, R/o C 41 Near Flurocent School Shri Ram Vihar Jagatpura, Jaipur. ----Petitioners Versus
1. State Of Rajasthan, Through Its Principal Secretary, School Education, Government Secretariat, Jaipur
2. Director, Primary/secondary Education, Lal Garh Place, Bikaner
3. Chief Block Education Officer, Sanganer (Urban), Jaipur. 4.
District Education Officer (Hq), Secondary Education, Shiksha Sankul, Jln Marg, Jaipur. 5. Maharaja Sawai Bhawani Singh School, Shree Kishanpura, A-Block, Mahal Yojana, Jagatpura, Jaipur Through Its Sec- retary/principal. ----Respondents For Petitioner(s) : Mr. Pranjal Singh Ms. Riddhi Chandrawat Mr. Sarthak Saxena Mr. S.S. Naruka (AAG) Mr. Jitendra K. Takar For Respondent(s) : Mr. Bhavya Kala for Mr. Devansh Sharma for Respondent Nos. 1 to 4 HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 20/01/2026
1. The present writ petition has been filed with the following prayers:
“1. By an appropriate writ, order or direction the impugned action of respondent no. 5 in not permitting
[2026:RJ-JP:2440] (3 of 4) [CW-12250/2025] the petitioners for classroom be quashed and set aside declaring the same as illegal, arbitrary & unjustified and further respondent no. 5 be directed to allow the petitioners to appear in classroom. 2. By an appropriate writ, order or direction state authority be directed to take appropriate action against the respondent no. 5. 3. Any other order which this Hon’ble Court considers expedient, just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioners; and
4. Cost of this writ petition may kindly be awarded in favor of the humble petitioners.”
2. It is not disputed between the parties that the petitioners- students had applied under the Right to Education Act, 2009 (hereinafter referred to as the ‘Act of 2009’). In pursuance of the same, the petitioners were found suitable and were allotted admission to Maharaja Sawai Bhawani Singh School (hereinafter referred to as ‘the School’). 3. However, the school did not permit the petitioners to take admission. Aggrieved by the said action, the present writ petition has been filed. 4. During the pendency of the writ petition, issue involved in the present petition with regard to the fact that whether the peti- tioners would be entitled to get admission in the School only at entry level or will they also be entitled for admission in Class I if the number of seats are increased, remained pending adjudication before the Hon’ble Division Bench of this Court. 5. It is not in dispute that the said controversy has been settled by the Hon’ble Division Bench and the Court held that the
[2026:RJ-JP:2440] (4 of 4) [CW-12250/2025] students are entitled to take admission in Class I also in spite of the entry level the school being Pre-primary, in case, if the seats are being increased. 6. In the present case, the claim of the petitioners is against the increased seats in Class I level. It is also not disputed between the parties that the students are in any manner disqualified under the provisions of the Act of 2009 for seeking admission in the School. 7.
Based on the above admitted facts, this Court deems it appropriate to direct the respondents to permit the petitioners to undertake admission in Class I of the School for the academic session of 2025-26, as was granted to them by the State under the provisions of the Act of 2009. 8.
Learned counsel for the respondent-School at this stage submits that if the petitioners are permitted to take admission in the School as per the provisions of Act of 2009, then the School may be reimbursed the cost of education as per the provisions.
9. This Court directs that, if any of the students after this order undertakes classes and proceeds with the admission against the seat allocated to him or her, then the State Government is ex- pected to reimburse all the cost as per provisions of the Act of
2009.
10. With the above observations, the present writ petition stands allowed.
11. Pending application(s), if any, shall also stand disposed of.
(BIPIN GUPTA),J PARSHANT /9