Counsel argued that the Right of Children to Free and Compulsory Education Act, 2009 rendered the impugned pre-Act resolutions infructuous. The Court disposed of the writ petition on the ground of efflux of time without explicit reasoning.
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OJC No. 2398 of 2000
Heard Mr. P.K. Nanda, learned counsel for the petitioners and Mr. P.K. Panda, learned Standing Counsel for School and Mass Education Department.
The petitioners have filed this application challenging the resolution dated 23.09.1996 in Annexure-2 and bulletin published under Annexure-3 and also pray for make inoperative against the petitioners, wherein the mechanism has been provided to the minority English Medium Schools and other similarly situated Schools affiliated by CBSE and ICSE.
Mr. P.K. Nanda, learned counsel for the petitioners states that those resolutions have been issued at a point of time, when the Right of Children to Free and Compulsory Education, Act, 2009 has not come into forced and its validity has been challenged in this writ petition and as such, when the matter is pending before this Court for consideration, the Act, 2009 has come into force. Therefore, the entire mechanism has been prescribed. It is further contended that when there is enforcement of law, the resolution passed by the authority cannot have any force, thereby the writ petition has become infructuous.
In that view of the matter, the writ petition has become infructuous with efflux of time and accordingly, the same is disposed of.
Issue urgent certified copy as per Rules.
Ajaya
Dr. B.R. Sarangi, J .
Dr. B.R. Sarangi
As recorded by the court registry
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