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(b) That fundamental right, however, cannot be confused with the right to ask for recognition of the School.
(c) The proposals for recognition of the school to be (14) W.P.Nos.6136, 6153, 6186 & 6155 of 2010 established by the private management on "permanent no grant basis and not receiving any other aid whatsoever"

from the Government, will henceforth have to fulfill the conditions specified, amongst others, in Sections 12, 19, 25 read with Schedule of the Act of 2009 and of the Rule 3.2 of the Code (for Secondary/Higher Secondary School) or Rule 107 of the Rules of 1949 (for Primary School), as the case may be, and also in the recognition order itself.

(e) Not reproduced.

(f) Not reproduced.

(g) Not reproduced.

(h) Initially provisional recognition shall be granted to the unaided private Secondary/Higher Secondary School, if it fulfills the conditions specified in Act of 2009 and Rule 3.2 of the Code for grant of recognition, as provided in Rule 4.1 of the Secondary Schools Code; and recognition shall be granted to unaided private primary school, if it fulfills the conditions specified in Act of 2009 and Rule 107 of the Rules of 1949, as provided in Section 39 of the Act of 1947 read with Rule 107 of the Rules of 1949.

(k) Not reproduced.

(l) Not reproduced.

(m) We further hold that the provisions of the Secondary Schools Code relating to permission under Rules 2.1 to 2.14 of the Code and Rule 106 of the Rules of 1949 to start a school would apply only to the proposals for establishing a school on "grant in aid basis or receiving any other aid" from the Government. However, even after grant of permission, such School shall not function or run until the grant of recognition, as per Section 18 of the Act of 2009. Only on this interpretation the constitutional validity of the abovesaid provisions and the opening part of Rule 107(1) of the Rules of 1949 can be saved.