PRAKASH KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As in both the appeals, more or less common questions arise for consideration, they are being considered simultaneously.

(2.) Writ Petition (PIL) No.193/14 has been preferred by one Mr. Prakash Kapadia in capacity as the President of Jagega Gujarat Sangharsh Samity, one of the NGO for espousing the public cause under the Right of Children to Free and Compulsory Education, 2009 (hereinafter referred to as the "Act") and the petitioner has prayed for the appropriate writ to direct the respondent authorities to take immediate and appropriate steps in compliance of the Notification dated 18.02.2012 which is for bringing into force the rules known as the Right of Children to Free and Compulsory Education Rules, 2012 (hereinafter referred to as the "Rules") and further compliance is prayed of the Circular dated 23.05.2013 (hereinafter referred to as the "Circular") of the Government which is for making provision for admission on 25% seats to the children belonging to weaker section of the society in unaided primary schools. The another prayer made by the petitioner is to issue appropriate direction to the authorities to initiate appropriate steps in accordance with the above Rules and the Circular dated 23.05.2013.

(3.) The another Writ Petition (PIL) No.51/15 is preferred by Dalit Hakk Rakshak Manch (NGO) and another seeking appropriate writ to direct the respondents to strictly implement the provisions of the Act across the State and to give wide publicity thereof by affixing banners, posters at the public places and schools so that the parents can avail of the benefit thereof. The said petitioners have also prayed to direct the respondents to ensure that the Act is implemented retrospectively and to scrutinize all admissions granted in non­granted school from the year 2009 onwards and to identify the students who have been deprived of the benefit of the Act and the fees paid by them be ordered to be refunded.