JNANA PRABODHINI Vs. EDUCATION OFFICER

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the Petitioner has taken an exception to the order dated 29th May, 2013 passed by the Educational Officer (Secondary) Zilla Parishad, Pune. The issue involved in this petition is whether the Petitioner while admitting the students to Standard V of the School run by it has admitted the students in contravention of Subsection (1) of Section 13 of the Right of Children to Free and Compulsory Education Act, 2009 (for short "the said Act").

(2.) The Petitioner is a Public Charitable Trust registered under Bombay Public Trust Act, 1950. It is contended that the aim and object of the Petitioner is to promote the development of this Country by providing leadership. It is claimed that the Petitioner aims at Social Development by undertaking Socio Economic Projects. Various achievements of the Petitioner Society have been set out in the petition.

(3.) On 23rd March, 2013, the Education Officer (Secondary) Zilla Parishad (first Respondent) informed the Head Master of the said School that for grant of admission in the said School up to VII standard, no screening test should be conducted, failing which action shall be taken under the said Act. By a communication dated 29th March, 2013, the Petitioner sought time for giving a reply to the said letter. On 29th May, 2013, first Respondent issued the impugned communication informing the Head Master of the said School that the school has admitted students to standard V after holding a common screening test.