KESHABA CHANDRA SATAPATHY Vs. ABHISEKH PATNAIK

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant is aggrieved by the observation made by the learned Single Judge to take appropriate action against the D.A.V. Public School, Chandrasekhar under Section 13 of the Right of Children to Free and Compulsory Education Act, 2009 which has come into operation and was published in the Gazette of India on 27.08.2009 as the appellant could not have subjected the first respondent to screening test, as averred in the counter affidavit.

(3.) Section 13(1) of the aforesaid Act provides that no school or person shall while admitting a child, collect and capitation fee and subject the child or his or her parents or guardian to any screening procedure. Sub-section (2) of Section 13 of the said Act provides that any school or person, if in contravention of the provisions of Subsection (1)(b) subjects a child to screening procedure shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions.