W.P. No.7367 of 2012
Shri Anshuman Singh for the petitioner.
Shri Samdarshi Tiwari,GA, for the respondents No.2 and 3. Learned counsel appearing for the petitioner submitted that the case of the petitioner is identical to the facts of the case decided by the Apex Court in Writ Petition(Civil) No.95 of 2010 (Society for Un-aided Private Schools of Rajasthan Vs. Union of India and anr), and same directions may be issued in this case. Learned counsel appearing for the State submitted that the respondents may be permitted to examine and decide the case of the petitioner and if the petitioner is entitled for the relief as per the directions issued by the Supreme Court, an appropriate order shall be passed by the respondents No.2 and 3 in this regard. The Apex Court in Society for Un-aided Private Schools of Rajasthan Vs. Union of India and anr in paras 20, 21 and 22 of the judgment held thus:
"20. Accordingly, we hold that the Right of Children to Free and Compulsory Education Act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school including aided minority school (s) receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided non-minority school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority. However, the said 2009 Act and in particular Sections 12(1)(c) and 18(3) infringes the fundamental freedom guaranteed to unaided minority schools under Article 30(1) and, consequently, applying the R.M.D. Chamarbaugwala v. Union of India [1957 SCR 930] principle of severability, the said 2009 Act shall not apply to such schools.
21. This judgment will operate from today. In other words, this will apply from the academic year 2012-13. However, admissions given by unaided minority schools prior to the pronouncement of this judgment shall not be reopened.
W.P. No.7367 of 2012
22. Subject to what is stated above, the writ petitions are disposed of with no order as to costs."
This petition is finally disposed of in view of the directions issued by the Apex Court. If the aforesaid directions are applicable to the petitioner, respondents No.2 and 3 shall give effect to the order of the Apex Court to the petitioner also. With the aforesaid direction, this petition is finally disposed of with no order as to costs.
C.C. as per rules.
(Krishn Kumar Lahoti) (Tarun Kumar Kaushal) Judge Judge Khan*