NIRMAL JYOTI SOCIETY Vs. STATTE OF M P

JUDGEMENT

(1.) Petitioner, a private unaided minority institution calls in question communication dated 02.08.2011 by Block Education Officer, Bina which is in the following terms : <JUDIMG>1240196-1</JUDIMG>

(2.) Indulgence is sought on the ground that being a private unaided minority institution it is beyond the powers of Block Education Officer to have issued the said communication in purported exercise of power under the Right of Children to free and compulsory Education Act, 2009. Reliance is placed on a decision by the Supreme Court in Society for Unaided Private Schools of Rajasthan vs. Union of India, 2012 6 SCC 1. It is contended that said action on the part of Block Education Officer is infringement of right guaranteed under Article 30 of the Constitution of India.

(3.) Counsel for the respondents, however, has raised a cavil contradicting the contention put forth by learned counsel for petitioners that it is beyond the jurisdiction of Block Education Officer to even see the quality of drinking water supplied to the children. In Society for Unaided Private Schools of Rajasthan it has been held :