Case Note & Summary
The petitioner, a third-standard student in a government school in Karnataka, filed a writ petition through his father challenging a state government notification dated 18.01.2019 that allegedly restricted the provision of school uniforms to one set. The petitioner argued that Section 3(1) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) mandates the provision of two sets of uniforms to all children in government schools. The High Court of Karnataka, presided by Chief Justice Abhay S. Oka and Justice Mohammad Nawaz, examined the legal framework, including Article 21-A of the Constitution and the RTE Act. The court noted that the provision clearly entitles students to two sets of uniforms, and any notification limiting this entitlement would be contrary to the Act. The court directed the state respondents to ensure that two sets of uniforms are provided to all students in government schools as per the RTE Act. The petition was disposed of with these directions.
Headnote
A) Constitutional Law - Right to Education - Article 21-A - Right of Children to Free and Compulsory Education Act, 2009 - Section 3(1) - Entitlement to Two Sets of Uniforms - The court considered whether the provision mandates two sets of uniforms for students in government schools. Held that the provision entitles students to two sets of uniforms, and the State Government's notification providing only one set is contrary to the Act. (Paras 3-4)
Issue of Consideration
Whether students in government schools are entitled to two sets of uniforms under Section 3(1) of the Right of Children to Free and Compulsory Education Act, 2009
Final Decision
The court allowed the petition and directed the state respondents to provide two sets of uniforms to all students in government schools in accordance with Section 3(1) of the RTE Act.
Law Points
- Right to free and compulsory education
- entitlement to two sets of uniforms under Section 3(1) of RTE Act
- 2009
- Article 21-A of Constitution of India
