Rajasthan High Court - Jaipur
Managing Committee, The Palace School vs State Of Rajasthan on 29 July, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7690/2020
Managing Committee, The Palace School, City Palace Jaipur,
Through Mrs. Rama Datt., Member Of Managing Committee
----Petitioner
Versus
1. State Of Rajasthan, Through, Secretary, School
Education, Government Of Rajasthan, Secretariat, Jaipur
2. Director Elementary Education, Government Of
Rajasthan, Bikaner.
3. Director, Secondary Education, Rajasthan, Bikaner.
----Respondents
For Petitioner(s) : Mr. Anuroop Singhi For Respondent(s) : Mr. C.L. Saini, AAG HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 29/07/2020 Learned Additional Advocate General submits that he has filed the reply today. Registry is directed to place the same on record.
Heard learned counsel for the parties on stay application. Learned counsel for the petitioner submits that the respondents are in the process of issuing lottery for Class-I and if the students are allotted for Class-I, the school will be deprived from getting students in PP3, PP4 and PP5 as the case may be. Since the respondents have not included classes at the level of PP3, PP4 and PP5, the students would not be made available at all and if lottery is issued only for Class-I, the very purpose of petition would stand frustrated as the students would be allotted (Downloaded on 30/07/2020 at 09:39:02 PM) (2 of 2) [CW-7690/2020] Class-I alone. It is submitted that the provisions of Section 12(1)
(a) (b) (c) of the Right to Children to Free and Compulsory Education Act, 2009, intend to provide students at one level alone. Thus, the exercise of getting students under the RTE in the pre- school education class i.e. PP3, PP4 and PP5 would never be conducted.
I have considered the submissions as above. While the advertisement was issued for applying under the RTE to the general public, it has been proposed to give admission only in Class-I, thus the applications, which have been received by the State, would only be for Class-I and there would be no application as on today available for admission to PP3, PP4 and PP5 Level and a fresh advertisement would be required for the said purpose.
Keeping in view above, while allowing the State to proceed with their advertisement for earmarking students for Class-I under the RTE, it is made clear that the rights of the petitioner for getting students at the level of PP3, PP4 and PP5 shall not be frustrated and the entire exercise shall be subject to the decision of the writ petition.
List this case for final arguments at this stage on 7 th August, 2020.
(SANJEEV PRAKASH SHARMA),J NITIN /86 (Downloaded on 30/07/2020 at 09:39:02 PM) Powered by TCPDF (www.tcpdf.org)