W.P No. 11434 of 2011 · Madhya Pradesh High Court
Case at a glance
Outcome
Disposed of
petitions are disposed of with no order as to costs
Provisions considered
Key paragraphs
- Para 2222. petitions are disposed of with no order as to costs.” Subject to what is stated above, the writ 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…
Judgment
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 : Accordingly, we hold that the Right of Children “20. 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.
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.
Operative part
petitions are disposed of with no order as to costs.” Subject to what is stated above, the writ 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*
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitions are disposed of with no order as to costs
Which statutory provisions did this judgment involve?
Right of Children to Free and Compulsory Education Act, 2009.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.