CARMEL SCHOOL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The above Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari filed Mandamus and quash the impugned order dtd. 18/4/2022 and has prayed for the following reliefs:

(2.) Factual matrix of the case are that the petitioners are English Medium Higher Secondary Schools, established and managed by the Christian Minority at Ambikapur and run by a society registered under the Society Registration Act, 1973, affiliated to Central Board of Secondary Education, New Delhi. The affiliation is valid upto 31/3/2023. The schools of the petitioners are unaided minority educational institutions and they does not receive any funds from the State of Central Government or its agencies and a self financing school. They manage the affairs from the funds raised by the schools themselves and has been declared as Minority Educational Institutions under Article 29 and 30 of the Constitution of India by the National Commission of Minority Educational Institutions, New Delhi by order No. 59 of 2007 dtd. 26/4/2007. Sec. 2 of the CG Non- Government Schools Fees Regulation Act, 2020 expressly states that it will not apply to the schools established by the minorities under Article 29 and 30 fo the Constitution of India. Sec. (2) 1 of the Act, 2020 reads as under:

(3.) The Non-Government School Fees Act, 2020 was passed and came into force on 28/9/2020 and is applicable through out the State. The provisions of Right to Free Education Act, 2009 are not applicable to the petitioners, being unaided minority educational institutions as held by the Supreme Court in the case of Pramati Educational and Cultural Trust and Others Vs. Union of India reported in 2014(8) SCC 1. Therefore the DEO has no power either under the CG Fees Regulations Act of 2020 or under the RTE Act of 2009 to issue directions.