SANDIP HARSHADRAY MUNJYASARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of notice of Rule is waived by learned counsel appearing on behalf of the respective respondents. As common questions of law and facts arise in this group of petitions, they are decided and disposed of together by this common judgment and order.

(2.) By way of Writ Petition (PIL) No.105/2018, the petitioner, who has appeared as Party-in-Person has prayed for the following reliefs:

(3.) At the outset, it is required to be noted that it is the case on behalf of the respective petitioners of Special Civil Application Nos.8322, 8325, 8326, 8327, 9398, 9402, 9401, 9399, 9397, 9403, 9400 and 9395, 8350, 8432 all of 2018 that all those educational institutions (primary schools) are run by the Trust/ Society of which the trustees/ majority of the trustees belong to the religious minority and therefore, they have a fundamental right to establish and administer the educational institutions as per their choice as provided under Article 30(1) of the Constitution of India and therefore, as per the decision of the Hon'ble Supreme Court in the case of Pramati Educational and Cultural Trust (Registered) and Others v. Union of India and Others reported in, (2014) 8 SCC 1, they are exempted from the applicability of the Right to Education Act and therefore, they cannot be compelled to admit the students belonging to the weaker sections of the society under the provisions of the Right to Education Act.