LAWS(P&H)-2014-4-50

PUNJAB PRIVATE SCHOOL ORGANIZATION Vs. UNION OF INDIA

Decided On April 25, 2014
Punjab Private School Organization Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner claims to be an organisation of Punjab Private Schools. They claim to be schools affiliated, recognised and unrecognized in Punjab. It has not been explained as to which particular schools are the members of the petitioner nor does the petitioner appear to be a registered association or society. It appears from the documents that an application for registration has been filed with the Registrar of Firms, but that also happened as far back as 7.8.2000. Thus, the maintainability of the petition by the petitioner itself is clearly in doubt.

(2.) BE that as it may, this organisation seeks to assail the provisions of Sections 18 and 19 of the Right of Children to Free and Compulsory Education Act, 2009 along with Rules 11 and 12 of the Punjab Right of Children to Free and Compulsory Education Rules, 2011, as being violative of Articles 14, 19, 21 and 21 -A of the Constitution of India. In order to appreciate the controversy, it is necessary to reproduce the provisions of Sections 18 and 19 of the said Act as under:

(3.) IT is further canvassed before us that the norms and standards are not effectively applied to the Government schools and no closure of any Government school takes place if it does not meet the norms.