DEEPAK VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are the parents of the students of the school seek for a mandamus directing 3rd respondent-school to comply with the provisions of Section 3 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter called 'the Act') of providing free education to elementary classes. There is also a contention that a discrimination practiced by the school between the wards of the MMBB and non-BBMB employees are treated differently in the manner of the fee collection. While the wards of BBMB are given fee concession, in that the fee ranges for LKG to 10+2 for old and new students Rs. 705-1005 and 3260- 4760 respectively, the fees for the children of non-BBMB is literally thrice over the actual fee as spelt out in Annexures P/3 and P/4. I would not see for need for replicating the same. The prayer is for quashing the differential fee structures.

(2.) The counsel would take me to the composition of BBMB as having a whole time Chairman and two whole time members appointed by the Central Government and representatives each of the government of the State of Punjab, Haryana, Himachal Pradesh and two representatives to be nominated by the Central Government. The governments of the States provide the necessary funds to the BBMB to meet all the expenses and allowance of the staff. The 3rd respondent-school which has been established by the BBMB, therefore, gets its full funds from the respective governments and in terms of the provisions of the Act, 2009, the education for elementary classes shall be free. The relevant provisions relating to free education are contained in Sections 3 and 12. Section 3 refers to the right of a child to free and compulsory education of the age group of 6 to 14 and Section 12 refers to the extent of students school's responsibility for free and compulsory education. The schools could be in any one of the four categories spelt out in Section 2 clause (n) and is re-produced as under:

(3.) Under the terms of Section 12 clause (a), free and compulsory education shall be possible for all types of school that falls in the category of 2 (n) (i). The attempt was to show that this was a school established and controlled by the appropriate Government. Appropriate Government is also defined under Section 2 (a) and it is re-produced as under:-