G.S. SHARMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these writ petitions, petitioners -Institutions have challenged the circular dated 12.03.2013 issued by the Commissioner of Public Instruction, Bangalore -respondent No.2 herein vide Annexure -F contending that the same is violative of the fundamental rights guaranteed under Articles 19 and 26 of the Constitution of India and are contrary to the law declared by the Apex Court in the case of T.M.A.PAI FOUNDATION AND OTHERS vs. STATE OF KARNATAKA AND OTHERS - 2002 (8) SCC 481.

(2.) ALTHOUGH several grounds are urged in support of the prayer made, it is not necessary to examine all these grounds as the learned counsel for the petitioners, during the course of arguments has confined his arguments to the ambiguity and inconsistency that allegedly emerges from the reading of Annexure -F Circular as a whole thereby affecting the rights of the petitioners -Institutions in selecting the students by adopting certain norms as provided under Clause 3 of the Circular.

(3.) IN terms of the provisions contained under Section 13(1) and Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (for short 'the Act') and pursuant to the guidelines issued by the Government of India, Ministry of Human Resources Development, Department of School Education and Literacy on 23.11.2010, the State Government has issued the impugned circular on 12.03.2013. In the said Circular, it is made clear that in order to ensure a fair and transparent process in the matter of admission of students to the private institutions both aided and unaided, the institutions are required to follow certain procedure while making selection of students for admitting them to the I Standard or Pre -Primary School.