EDUCATION RIGHTS TRUST Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) All these writ petitions are filed in the form of public interest litigation to declare the amendment of Rule 4 of Karnataka Right of Children to Free & Compulsory Education Rules, 2012, issued by means of notification dated 30.01.2019 by the Respondent No.2, as null and void on the ground that the same is in violation of fundamental rights of children guaranteed under Art. 21-A of the Constitution of India.

(2.) The provision challenged in these proceedings reads as follows:

(3.) The petitioners herein consist of an organization, parents of the children seeking admission under provisions of Right to Education Act and a RTE Students & Parents Association (R). The aforementioned amendment, in substance, precludes identification of schools under the RTE Act wherever there exists a Government School or an aided school. If the amendment is declared ultra vires the Constitution of India, children entitled under the RTE Act may seek admission in any school in the locality. 86th Amendment to the Constitution of India has been brought in force by way of insertion of Art. 21-A. As a result, myriad number of children got an opportunity to attend school for elementary education. The Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009, hereinafter referred to as 'Central Act, 2009' for the purpose of providing free and compulsory education to all children between six to fourteen years of age. By powers conferred under Sec. 38(1) of the Central Act of 2009, the Government of Karnataka vide Official Gazette dated 28/4/2012, enacted Karnataka Right of Children to Free & Compulsory Education Rules, 2012, hereinafter referred to as 'State Rules, 2012'.