LAWS(APH)-2022-1-48

THANDAVA YOGESH Vs. STATE OF TELANGANA

Decided On January 03, 2022
Thandava Yogesh Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) W.P(PIL)No.165 of 2017 is filed by the petitioner seeking to issue Writ of Mandamus declaring the inaction of the respondent Nos.1 to 6 to implement at least 25% quota for free education in private schools upto Class - VIII as laid in Sec. 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 as illegal, arbitrary and violative of Articles 14, 21, 21A, 24 and 19(1)(a) of the Constitution of India, and consequently directing the respondents to implement the said provisions in the State of Andhra Pradesh.

(2.) C.C.No.2117 of 2021 is filed for non-implementation of the order dtd. 1/9/2021 passed in W.P(PIL)No.165 of 2017.

(3.) During pendency of the writ proceedings, the respondents have filed counter-affidavit and additional affidavits, the latest one being 24/11/2021, stating that the admission process for the academic year 2021-2022 is already over and that the State has preferred Standard Operating Procedure (SOP) to follow the procedure for implementation of Sec. 12(1)(c) of the Right to Education Act. As per the Standard Operating Procedure, preparatory phase, processing applications, selection and admission under Sec. 12(1)(c) of the Act are to be carried out, as stated in Paragraph No.7 of the additional affidavit, which reads as follows: