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Tracing the genesis of the RTE Act and after noticing the judgments rendered in Unni Krishnan, J.P. Vs. State of A.P15, which recognized the right to education to be a fundamental right and the decision rendered in H.P. State Recognised and Aided Schools Managing Committees16, it proceeded to hold thus: -

"37. With the above constitutional philosophy, let us determine the meaning of the expression "Junior High School" for the purposes of the 1978 Act.
38. There is not much debate that the students of secondary and primary schools are classified in Section 3 of Educational Code (Revised 1958 Edition) as follows: