VRAJ R PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These three writ -applications were heard together and are disposed of by this common judgment as the main prayer in all these writ -applications is to declare Rule 8 of the Right of Children to Free and Compulsory Education Rules, 2012 [the Compulsory Education Rules, 2012, hereafter] as ultra viresthe Constitution of India and also the Right of Children to Free and Compulsory Education Act, 2009 [RTE Act, 2009 hereinafter]. The petitioners have also prayed for a direction upon the respective Schools to refund the fees for the academic year 2012 -13.

(2.) For discussion of facts, Special Civil Application No. 9879 of 2013 is taken as the lead matter and the facts leading to the filing of the said petition may be summed up thus : -

(3.) The grievance of the petitioner in this application is that the petitioner was admitted in the school for Junior KG for the academic year 2012 -13 on 13th December 2011 when the Rules were not enacted, as a result, the school Authority also admitted him in Junior KG in the said year. After successful completion of Junior KG, the school Authority has, however, refused to promote him to the Senior KG on the ground that the petitioner was born on 14th August 2009 and, therefore, has not completed the age of 4 years on the date of admission in Senior KG. As a result, the petitioner is required to repeat the said course of Junior KG. The petitioner complains that he having already been admitted to the Junior KG before the promulgation of the Rules, his accrued right to continue uninterruptedly cannot be taken away.