-1- W.P.No.13961/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL 2015 BEFORE THE HON'BLE MR.JUSTICE H.G.RAMESH WRIT PETITION No.13961/2015 (EDN-RES) BETWEEN: MASTER SRIKANTH L. AGED ABOUT 14 YEARS, MINOR 8TH STANDARD 'B' SECTION THE FRANK ANTHONY PUBLIC SCHOOL NO.13, CAMBRIDGE ROAD HALASURU, BANGALORE - 560 008 REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN DR. LAKSHMIKANTH. A NO.878, 'SRIPRADA' 13TH MAIN, VINAYAKA LAYOUT NAGARABHAVI II STAGE BANGALORE - 560 078 ... PETITIONER (BY SRI DR. S. ARMUGHAM, ADVOCATE) AND: 1. THE PRINCIPAL THE FRANK ANTHONY PUBLIC SCHOOL NO.13, CAMBRIDGE ROAD HALASURU, BANGALORE - 560 008 2. THE STATE OF KARNATAKA BY ITS SECRETARY EDUCATION DEPARTMENT M.S. BUILDING BANGALORE - 560 001 3. THE CHAIRMAN COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS -2- W.P.No.13961/2015 PRAGATI HOUSE, 3RD FLOOR 47-48 NEHRU PLACE NEW DELHI - 110 019 ... RESPONDENTS (BY SRI D. NAGARAJ, AGA FOR R-2; SRI P.B.APPAIAH, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FAILED RESULT OF THE PETITIONER IN THE 8TH STANDARD BY THE RESPONDENT SCHOOL AT ANNEXURE-H DT.6.4.2015 AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
H.G.RAMESH, J. (Oral):
1. Counsel appearing for the petitioner relies on the provisions of the Right of Children to Free and Compulsory Education Act, 2009 ('the Act') for grant of the prayer made in the writ petition.
2. Learned Additional Government Advocate submits that respondent No.1-the Frank Anthony Public School is an unaided minority educational institution and, the Act will not apply to minority educational institutions, whether aided or unaided, in view of the Five Judge Bench decision of the Supreme Court in Pramati Educational and Cultural Trust vs. -3- W.P.No.13961/2015 Union of India [AIR 2014 SC 2114]. He specifically referred to para 47 of the said judgment.
3. In view of the judgment of the Supreme Court referred to above, the Act will not apply to respondent No.1-the Frank Anthony Public school. The writ petition is devoid of merit and it is accordingly dismissed.