BETHEL EDUCATIONAL TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for a declaration that the action of the respondents mandating the petitioner to admit the children from first standard instead of LKG level is contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 as illegal and without jurisdiction. In that view, the notice dated 25-1-2014 at Annexure-M is assailed. The petitioner is also seeking that the respondents be restrained from meddling with the admission process of the petitioner. Though contentions have been urged in the instant petition with regard to the action of the respondents being contrary to law and notice dated 25-1-2014 is assailed, the nature of the proceedings in the instant petition requires to be noticed for the purpose of disposal of the petition.

(2.) The fact that the petitioner institute was required to make admissions as provided under the RTE Act is not disputed by the petitioner and they have not sought to contend any exemptions thereto. Since, the respondents had issued the communication stating that the admissions being made to LKG is contrary, the petitioner is before this Court referring to the circular dated 1-1-2013 with regard to the manner in which the admissions are to be made, if the school concerned imparts education for LKG and UKG. In that view, this Court on 12-2-2014 has passed the interim order as hereunder: