THE BRIGADE FOUNDATION, A PUBLIC CHARITABLE TRUST Vs. THE PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC EDUCATION AND ORS.

JUDGEMENT

(1.) The petitioner-a Public Charitable Trust has established three Schools at J.P. Nagar, Mahadevapura and Malleshwaram. The contention of the petitioner is that for the academic year 2014-2015, the schools have admitted 25% of their intake capacity of students to nursery classes under the Right of Children to Free and Compulsory Education Act, 2009 ('RTE Act' for short) in terms of the order passed by the respondent-authorities at Annexure-K, dated 30-3-2013. It is contended that the students, who were admitted under the RTE quota for the academic session 2014-2015 have been promoted to LKG for the current academic session 2015-2016. Therefore, the State Government cannot again send students under the RTE quota for the academic session 2015-2016 to LKG Class. It is not in dispute that insofar as School at Malleshwaram is concerned, the State Government has sent 27 students under the RTE quota for admission to LKG Class for the academic session 2015-2016.

(2.) As noticed above, in terms of the Government order at Annexure-K, the three schools of the petitioner have admitted 25% of their respective intake capacity under the RTE quota to nursery classes for the academic session 2014-2015. The schools have promoted them to LKG for the current academic session 2015-2016. Insofar as one of the Schools at Malleshwaram is concerned, 27 students have been sent under the RTE quota for LKG for the year 2015-2016.

(3.) To give quietus to the entire litigation, learned Counsel for the petitioner has filed a memo, which is as under: