VIDYA NIKETAN SCHOOL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH this matter is listed for preliminary hearing, with the consent of the learned counsel for the parties, it is taken up for final hearing, heard and disposed of by this order.

(2.) THE petitioner is an Educational Institution situated at No.30, Kempapura, Hebbal, Bangalore, imparting education from 1st standard to 10th standard. It is affiliated to the Council for the Indian School Certificate Examinations (ICSE), New Delhi. The school was established by Kasturba Education Trust. According to the petitioner, it is a Linguistic Minority Educational Institution.

(3.) IT is contended that the petitioner has made an application to the competent authority as per Annexure -H to decide its status. The respondents have not considered the application so far. In the meantime, they are interfering with the petitioner in its day today affairs on the ground that it has failed to admit the students in accordance with the provisions of Right of Children to Free And Compulsory Education Act, 2009 and the Rules made thereunder. It is further contended that a circular has been issued by the State Government as per Annexure -G dated 24.7.2012 compelling the petitioner and other similarly situated minority institutions to admit the students under the provisions of the RTE Act. Therefore, petitioner has filed this writ petition seeking the following reliefs: (a) Issue appropriate writ or order or direction in the nature of writ of mandamus to the respondents not to harass the petitioner School Management by insisting on submitting the Minority Status Particulars and complying with the 75% requirement vide Government order No.ED 27 (Vol -1) as per Annexure -G dated 24.07.2012, in the light of the law declared by the Hon ble Supreme Court that the Act is not applicable to Unaided Minority Educational Institutions in relation to Right to Children to Free and Compulsory Education Act, 2009 as per Annexure - F .