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Basavraj                                                                   Page | 50





                                                                 PIL.61-2024+.docx

50. Accordingly, if this Court finds that the impugned proviso appended to rule 4(5) of the Principal Rules in any manner over- reaches the provisions of the RTE Act under which it has been made, the same has to be struck down. For determining as to whether the impugned proviso offends the provisions of Section 12(1)(c) of the RTE Act, we need to consider the scheme of the Act and the purpose for which the Act has been enacted by the Parliament. In case we come to the conclusion that the impugned proviso is not in conformity with the statutory mandate available under Section 12(1)(c) or if it is found to run contrary to the very object for which the RTE Act has been enacted, the same may be declared to be void and inapplicable. However, in case we conclude that the impugned proviso does not offend the RTE Act and it is in conformity with the aims and object for which the RTE Act has been enacted by the Parliament, its validity cannot be disturbed.