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Karnataka High Court
Master Srikanth L vs The Principal on 29 April, 2015
Author: H.G.Ramesh
                          -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.

Petition dismissed.

Sd/-

JUDGE BNS