Case Note & Summary
The judgment involves three writ petitions filed by educational trusts, namely Soujanya Patel Trust and New Age Educational Trust, seeking directions to the State of Karnataka and other education authorities to strictly adhere to the provisions of Section 12 of the Right to Education Act, 2009 (RTE Act) regarding admissions of students in private educational institutions falling under Section 2(n)(iii) of the Act. The petitioners, represented by Sri S. Basavaraj, argued that the respondents were not complying with the statutory mandate. The respondents, represented by the Additional Advocate General and Government Advocate, opposed the petitions. The court, after hearing the submissions, allowed the petitions and directed the respondents to strictly adhere to Section 12 of the RTE Act 2009 for admissions in private unaided schools. The judgment was delivered by Justice S. Sujatha on 17th April 2017.
Headnote
A) Right to Education Act - Admission of Disadvantaged Children - Section 12 RTE Act 2009 - The court considered the obligation of private unaided schools to admit children from disadvantaged groups and weaker sections as per Section 12 of the RTE Act. The court directed the respondents to strictly adhere to the provisions of Section 12 of the RTE Act 2009 in the matter of admission of students in private educational institutions falling under Section 2(n)(iii) of the RTE Act 2009. (Paras 1-3)
Issue of Consideration
Whether the State Government is obligated to strictly adhere to the provisions of Section 12 of the Right to Education Act, 2009, regarding admission of students in private educational institutions falling under Section 2(n)(iii) of the Act.
Final Decision
The court allowed the writ petitions and directed the respondents to strictly adhere to the provisions of Section 12 of the RTE Act 2009 in the matter of admission of students in private educational institutions falling under Section 2(n)(iii) of the RTE Act 2009.
Law Points
- Right to Education Act
- 2009
- Section 12
- Section 2(n)(iii)
- Article 226
- Article 227
- Constitution of India
Case Details
2017 LawText (KAR) (04) 15
W.P.No.14241/2017 c/w W.P.Nos.15631/2017 & 14240/2017 (EDN – RES)
S. Basavaraj, A.S. Ponnanna, H.T. Narendra Prasad
Soujanya Patel Trust and New Age Educational Trust
State of Karnataka, Commissioner for Public Instructions, Deputy Director of Public Instructions, Block Education Officer
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India seeking directions to the respondents to strictly adhere to Section 12 of the RTE Act 2009 regarding admissions in private educational institutions.
Remedy Sought
The petitioners sought a direction to the respondents to strictly adhere to the provisions of Section 12 of the RTE Act 2009 in the matter of admission of students in private educational institutions falling under Section 2(n)(iii) of the RTE Act 2009.
Filing Reason
The petitioners alleged that the respondents were not complying with the statutory mandate under Section 12 of the RTE Act 2009 for admissions of students from disadvantaged groups and weaker sections in private unaided schools.
Issues
Whether the State Government is obligated to strictly adhere to the provisions of Section 12 of the Right to Education Act, 2009, regarding admission of students in private educational institutions falling under Section 2(n)(iii) of the Act.
Submissions/Arguments
The petitioners argued that the respondents were not strictly adhering to Section 12 of the RTE Act 2009, which mandates private unaided schools to admit at least 25% of children from disadvantaged groups and weaker sections.
The respondents opposed the petitions, but the court did not elaborate on their specific arguments in the provided text.
Ratio Decidendi
The court held that the respondents are bound to strictly adhere to the provisions of Section 12 of the RTE Act 2009, which imposes a statutory obligation on private unaided schools to admit children from disadvantaged groups and weaker sections, and the State must ensure compliance.
Judgment Excerpts
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO STRICTLY ADHERE TO THE PROVISIONS OF SECTION 12 OF THE RTE ACT 2009 IN THE MATTER OF ADMISSION OF STUDENTS IN THE PRIVATE EDUCATIONAL INSTITUTIONS FALLING UNDER SECTIONS 2(N)(iii) OF THE RTE ACT 2009.
Procedural History
The writ petitions were filed under Articles 226 and 227 of the Constitution of India. The court heard the petitioners and respondents and delivered the judgment on 17th April 2017.
Acts & Sections
- Right to Education Act, 2009: Section 12, Section 2(n)(iii)
- Constitution of India: Article 226, Article 227
