KANTABEN S DOSHI Vs. DIRECTOR - PRIMARY EDUCATION

JUDGEMENT

(1.) As per the below mentioned order, the captioned petit ion was reserved for judgment alongwith Special Civil Applicat ion No. 4556 of 2015.

(2.) The present petit ion is filed seeking to set aside order dated 04.09.2014 passed by the first respondent- the Director of Primary Education. It further seeks to set aside the communication dated 14.11.2014, which rejected the request of the petit ioner for reconsideration of her case. The first impugned order dated 04.09.2014 was an order in appeal by V. R. Shah Smruti Vidhyalay Prathmik Shala Education Trust- the fourth respondent herein under Right of Children to Free and Compulsory Education Act, 2009.

(3.) Adverting to the minimum necessary facts, the school named V. R. Shah Smruti Vidhyalay Prathmik Shala was run since 1963 through management in form of partnership firm of which the petit ioner was one of the partners. The school had classes from 5 th standard to 7th standard. Upon coming into force of the Right of Children to Free and Compulsory Education Act, 2009 and also Gujarat Right To Education Rules, 2012, thereunder classificat ion of primary section was provided for. Standards 1st to 5th became primary level, whereas standards 6th to 8th came to be treated as upper- primary section. One of the other requirements prescribed under the new law was that the school was required to be run through management, which should be a body in form of registered trust. Learned advocate for the fourth respondent stated that the trust was formed and the management have been converted into a trust.