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In the reply filed in CWP No.4731/2012, the State Government has contended that Article 243G, which has been brought into force w.e.f.24.4.1993, provides that the Legislature of a State empowers the Panchayat Raj Institutions to function as institutions of self-government and such law may contain provisions for devolution of powers and responsibilities upon panchayats at appropriate level, subject to such conditions as may be specified therein. In the Eleventh Schedule, Entry 17 deals with education including primary and secondary schools. The amendment has been made in Sections 89 and 90 on 15.9.2010. Thereafter, amendment has been made on 14.10.2010 in Rules 259, 266, 273 and 277A of the Rules of 1996. Now as per the amended provision, following consequences ensue:-

Article 243G of the Constitution of India provides that the State may by law, endow the panchayats with such powers and authority as may be necessary to enable them to functions as institutions of self governance. Article 243G is quoted below:-

243G.Powers, authority and responsibilities of Panchayats- Subject to the provisions of this Constitution, the legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at appropriate level, subject to such conditions as may be specified therein, with respect to-