G C GANGADHAA Vs. RIGHT TO EDUCATION CELL

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

(2.) The facts of the case are, the first petitioner is said to be father of one Pruthvi Nayaka G, aged about 3 x1/2 years and he belongs to a Scheduled Tribe, namely, Valmiki Nayak. The second petitioner is said to be the father of one Sandya S. She is also aged about 3 x 1/2 years and she also belongs to a Scheduled Tribe namely Valmiki Nayak. Both the petitioners had applied for a seat in a private school, for their respective wards, as provided under the Right of Children to Free and Compulsorry Education Act, 2009 (hereinafter referred to as the RTE Act, for brevity). On their applications, the son of the first petitioner Pruthvi Nayaka.G was assigned a seat in the Nehru English Higher Primary School, Gulur. Similarly, the daughter of the second petitioner Sandya S, was assigned admission to a seat in Varin International School. As matters stood thus, the institution assigned to the son of the first petitioner was found to be away from his residence and there was no proper transport facility, which resulted in the father of the first petitioner seeking a transfer from that institution to the Varin International Residential School.

(3.) The learned Government Pleader has raised a vehement objection to the maintainability of the petition on the footing that there is a clear bar under the RTE Act and any direction issued on the basis of the prayer made would create a wrong precedent and it would throw the procedure prescribed awry and therefore it would not be welcome to consider the claim of the petitioners.