Case Note & Summary
The petitioner, We Care Charitable Trust, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash two orders dated 28.09.2019 and 23.09.2021 issued by the 2nd and 3rd respondents respectively, which rejected the petitioner's application for recognition of a school. The petitioner also sought a direction to the respondents to consider its application vide Annexure-G. The petitioner had applied for recognition of a school under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the Karnataka Education Act, 1983. The respondents rejected the application on the ground that the proposed school was within 1 km of an existing school, violating the distance norm prescribed under the Karnataka Right of Children to Free and Compulsory Education Rules, 2012. The petitioner contended that the distance norm was directory and not mandatory, and that the rejection was arbitrary. The respondents argued that the distance norm was mandatory and that the rejection was justified. The court analyzed the provisions of the RTE Act and the Rules, and held that the distance norm is directory in nature, as the primary objective of the RTE Act is to ensure access to education for all children. The court noted that the RTE Act does not prohibit the establishment of schools merely because they are within a certain distance of an existing school. The court quashed the impugned orders and directed the respondents to consider the petitioner's application afresh, without insisting on the distance condition, and to pass appropriate orders within four weeks from the date of receipt of a copy of the order. The court also directed that the application be considered on its merits, taking into account all other relevant factors.
Headnote
A) Education Law - Recognition of Schools - Distance Norm - Section 5 of the Right of Children to Free and Compulsory Education Act, 2009 read with Rule 8 of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012 - The petitioner trust sought recognition for a school; the respondents rejected the application citing that the proposed school was within 1 km of an existing school, violating the distance norm. The court held that the distance norm under the RTE Act is directory and not mandatory, and that the respondents must consider the application on merits without insisting on the distance condition, as the RTE Act aims to ensure access to education and does not prohibit establishment of schools merely due to proximity. (Paras 1-5) B) Education Law - Recognition of Schools - Consideration of Application - Section 5 of the Right of Children to Free and Compulsory Education Act, 2009 - The court directed the respondents to consider the petitioner's application for recognition afresh, without reference to the distance norm, and to pass appropriate orders within a stipulated time. The court emphasized that the rejection orders were unsustainable and that the application should be considered on its own merits. (Paras 4-5)
Issue of Consideration
Whether the rejection of the petitioner's application for recognition of a school on the ground of non-compliance with the distance norm of 1 km from an existing school is sustainable in law, and whether the respondents are bound to consider the application without insisting on the distance condition.
Final Decision
The court allowed the writ petition, quashed the impugned orders dated 28.09.2019 and 23.09.2021, and directed the respondents to consider the petitioner's application for recognition afresh, without insisting on the distance condition, and to pass appropriate orders within four weeks from the date of receipt of a copy of the order.
Law Points
- Right to Education Act
- 2009
- Karnataka Education Act
- 1983
- Recognition of Schools
- Distance Norms
- Writ Jurisdiction
- Articles 226 and 227 of Constitution of India
