D ASHISH BIRAV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are before this Court seeking for issue of mandamus to direct the sixth and seventh respondents to admit the petitioners to study in L.K.G. under Right of Children to Free and Compulsory Education, Act, 2009 ('RTE Act' for short) as per the list prepared by the fifth respondent at Annexure -F to these petitions.

(2.) THE brief facts are that as provided under the RTE Act, a list was prepared for admission of the petitioners to the sixth and seventh respondents - Institution for the academic year 2014 -15. The sixth and seventh respondents have not completed the process by admitting the petitioners to their institution. It is in that view the petitioners are before this Court seeking for direction to secure admission.

(3.) THE sixth and seventh respondents have filed their objection statement. Though contentions with regard to the sixth and seventh respondents not being required to adhere to the provisions of the RTE Act is urged by contending that they are linguistic minority institution, the same does not really arise for consideration in the instant petitions as that issue was put forth by them in W.P.No.8963/2014 which also resulted in the consideration of that aspect by the Hon'ble Division Bench in WA No.1060/2014. However, it is the proceedings in the said cases which become relevant for arriving at a conclusion as to whether the issue relating to the admissions for the academic year 2014 -15 also stands concluded by the orders passed therein or as to whether the prayer made in the instant petitions would arise for consideration.