SOCIETY FOR UN-AIDED P.SCHOOL OF RAJASTHAN versus U.O.I. & ANR.

SOCIETY FOR UN-AIDED P.SCHOOL OF RAJASTHAN versus U.O.I. & ANR.

The Right of Children to Free and Compulsory Education Act, 2009 is constitutionally valid and applies to government, aided (including aided minority), specified category, and unaided non-minority schools, but does not apply to unaided minority schools due to infringement of Article 30(1). Section 12(1)(c) is a reasonable restriction under Article 19(6), does not violate Article 14, and is justified by the principle of severability.

Parties
Petitioner: Society for Un-aided P.School of Rajasthan; Respondent: Union of India; Respondent: ANR.
Jurisdiction
India
Judgment Date
12 April 2012
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Writ Petitions disposed of; Act partly upheld and partly severed
Legal Topics
Right to Education, Fundamental Rights, Minority Rights, Severability
Constitutional Law Education Law Right to Education Fundamental Rights Minority Rights Severability

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Parties

Society for Un-aided P.School of Rajasthan

Petitioner

Union of India

Respondent

ANR.

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009
  2. 2 Applicability of the Act to aided and unaided minority and non-minority schools
  3. 3 Whether ss. 12(1)(c) and 18(3) infringe Article 30(1)

Ratio Decidendi

The Right of Children to Free and Compulsory Education Act, 2009 is constitutionally valid and applies to government, aided (including aided minority), specified category, and unaided non-minority schools, but does not apply to unaided minority schools due to infringement of Article 30(1). Section 12(1)(c) is a reasonable restriction under Article 19(6), does not violate Article 14, and is justified by the principle of severability.

Court Disposition

Writ Petitions disposed of; Act partly upheld and partly severed

Orders

  • Act applies to all schools except unaided minority schools
  • Admissions given by unaided minority schools prior to this judgment will not be reopened