ASSOCIATED MANAGEMENTS OF GOVERNMENT RECOGNISED ENGLISH MEDIUM SCHOOLS IN KARNATAKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD Sri G.R. Mohan, learned Counsel appearing for petitioner, Sri Pramodhini Kishan, learned High Court Government Pleader appearing for respondents 1 to 3 and Smt. Mythri, learned Counsel appearing on behalf of Sri Clifton D. Rozario for impleading applicants.

(2.) SRI G.R. Mohan, learned Counsel appearing for petitioner at the outset would submit that for the present he would be satisfied if a direction is issued to the respondents to consider the representation of petitioner dated 5 -11 -2015 - Annexure -C which relates to issue regarding reimbursement by the State, of expenditure incurred by the members - schools of petitioner -Association in respect of 25% students admitted under Right of Children to Free and Compulsory Education Act, 2009 as contemplated tinder Rule 8(1) and 8(2) of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012.

(3.) A perusal of petition averments would indicate that petitioner is a body of Association registered under the Karnataka Societies Registration Act, 1960 and is said to have 1500 members - schools of imparting education across the State from Lower Kinder Garten to Standard X. On the Right of Children to Free and Compulsory Education Act, 2009 coming into effect from 1 -4 -2010, constitutional validity of same came to be challenged before the Apex Court in W.P. No. 94 of 2010 and connected matters and Apex Court by judgment dated 12 -4 -2012 upheld the constitutional validity of the Act and excluded the unaided minority schools from the purview of the Act. Subsequently, by order dated 6 -5 -2014 passed in W.P. (Cvl.) No. 416 of 2012 and other connected matters Apex Court in the case of Pramati Educational and Cultural Trust Vs. Union of India, dismissed the writ petitions by upholding the validity of the Act and it was held that Right to Education Act would not applicable to aided minority schools.