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Article 30(1) in The Constitution Of India 1949
D.D. Sharma vs Union Of India on 27 April, 2004

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Madhya Pradesh High Court
Private School Association vs The Union Of India on 25 April, 2012

W.P. No.11434 of 2011

WP NO.8949/11, WP NO.8089/11, WP NO.8245/11, WP NO.8249/11, WP NO.8952/11, WP. NO.8953/11, WP NO.9013/11, WP NO.9623/11, WP NO.11073/11 & WP NO.11434/11.

25.4.2012.

Shri Anshuman Singh for the petitioners. Shri Jaideep Singh for the respondents/State. This order shall decide WP NO.8949/11, WP NO.8089/11, WP NO.8245/11, WP NO.8249/11, WP NO.8952/11, WP. NO.8953/11, WP NO.9013/11, WP NO.9623/11, WP NO.11073/11 & WP NO.11434/11 in which constitutional validity of Right of Children to Free and Compulsory Education Act, 2009 is challenged. It is brought to our notice that the controversy involved in these cases is squarely covered by the decision of the Apex Court in Writ Petition(C) No.95 of 2010 (Society for Un-aided Private Schools of Rajasthan Vs. Union of India and anr), in which constitutional validity of the aforesaid Act has been upheld with certain directions. For ready reference, we quote paras 20, 21 and 22 of the said judgment :

"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 W.P. No.11434 of 2011

schools prior to the pronouncement of this judgment shall not be reopened.

22. Subject to what is stated above, the writ petitions are disposed of with no order as to costs."

As the controversy has been decided by the Apex Court, these petitions are also finally disposed of in terms of the directions issued by the Apex Court, with no order as to costs. C.C. as per rules.

(Krishn Kumar Lahoti) (M.A. Siddiqui) Judge Judge Khan*