Writ Petition No. 5452 Of 2013 26.3.2013 Shri Anshuman Singh, learned counsel for the petitioner.
Shri S. Beg, learned counsel for respondent No. 1.
Shri Kumaresh Pathak, learned Deputy Advocate General for respondent Nos. 2 and 3, on advance notice.
Petitioner, a minority educational institution vide this petition calls in question the applicability and constitutional validity of Sections, 3, 4, 5, 12 (1) (c), 12 (2), 13 (1), 13 (2) (b), 14, 15, 16 and 18 of the Right of Children to Free and Compulsory Education Act, 2009 and seeks declaration that the provisions of Right of Children to Free and Compulsory Education Act, 2009 are not applicable to the Institution.
At the outset it is being stated at Bar that the controversy as is raised in this case has been answered and settled at rest by decision rendered by Supreme Court in Society for Unaided Private Schools of Rajasthan v.
Union of India and another [(2012) 6 SCC 1]. In Society for Unaided Private Schools of Rajasthan (supra) it has been held: “64.
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 nonminority school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority.”
65. 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. Chamarbaugwalla v. Union of India (AIR 1957 SC 628) principle of severability, the said 2009 Act shall not apply to such schools.
65A This judgment will operate from today. In other words, this will apply from academic year 20122013.
However, admissions given by unaided minority schools prior to pronouncement of this judgment shall No. be reopened.”
As the controversy has been settled at rest and being the law of Land the parties are bound by it. No further directions are warranted in the petition, which is hereby disposed of.
C.c. today.
(AJIT SINGH) (SANJAY YADAV) JUDGE JUDGE Vivek Tripathi