LOYOLA SCHOOL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the issue involved and the facts being identical, these two writ petition are being disposed of by this common order.

(2.) Both the writ petitions have been filed challenging the order dated 21.06.2017 (Annexure P/1). Vide the said impugned order, the District Education Officer, Bilaspur has invoking the provisions of Sub-section 5 of Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 (in short, the Act, 2009) imposed a fine of rupees one Lakh to each of the petitioners. The imposition of fine was on two grounds; firstly, on the ground of the petitioners establishment enhancing fees for the students studying in the respective schools without the permission from the District Education Officer, Bilaspur and the second ground for which the penalty was imposed is that the Schools were being run without recognition from the District Education Officer concerned.

(3.) At the outset, the contention of the counsel for the petitioners is that the provisions of the Act, 2009 itself is not applicable upon the petitioners on the ground that the petitioners establishment is a minority educational institution which stands exempted from the applicability of the provisions of the Act, 2009. He further submits that once when the order itself was not applicable then the whole proceedings drawn by the respondents, more particularly the order impugned in both the writ petitions is not sustainable and is void-ab-initio and deserves to be set aside/quashed.