The High Court disposed of three connected writ petitions challenging RTE admission guidelines. Since the academic session under challenge ended and the next session had started, the court held the petitions infructuous but directed no coercive action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJP/005630]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3415/2023
Managing Committee, Cambridge Court High School, Aravali Marg, Sector-8, Mansarovar, Jaipur Through Its Secretary Mr. Aayush Rawat.
----Petitioner
Versus
----Respondents
Connected with
S.B. Civil Writ Petition No. 3414/2023
Managing Committee, Modern School, Shipra Path, Mansarovar, Jaipur, Through Its Principal Mrs. Kavita Bainsla.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 3421/2023
Managing Committee, Cambridge Court World School, Varun Path, Mansarovar, Jaipur Through Its Secretary Mrs. Lata Rawat.
----Petitioner
Versus
[2023/RJJP/005630]
[CW-3415/2023]
(2 of 3)
| 3. | Director, Secondary | Education, Government Of Rajasthan, |
|---|---|---|
| Bikaner. |
----Respondents
| For Petitioner(s) | : Mr. |
AnuroopSinghi |
|---|---|---|
| For Respondent(s) | : Mr. |
M.S. Singhvi, A.G. with |
| Mr. | Daksh Pareek, Adv. | |
| Mr. | C.L. Saini,AAG |
HON'BLE MR. JUSTICE INDERJEET SINGH Order
04/04/2023
At the request of counsel for the petitioners, the facts have been noticed from S.B. Civil Writ Petition No.3415/2023 and the prayer made therein reads as under :-
“It is, therefore, most humbly prayed that the writ petition may kindly be allowed and by an appropriate writ, order or direction:i) the impugned guidelines for the academic session 2022-23 be quashed to the extent it directs for making admission in more than one entry class under RTE and it should be directed that the admission under RTE should be made only in entry Class of PrePrimary Level-I (PP3+) and not in every class from the academic session 2023-24; (ii) the impugned guidelines for the academic session 2022-23 be quashed to the extent it directs that while giving admission in pre-primary classes, the admissions already granted under RTE in Class-I be continued;
iii) the impugned guidelines for the academic session 2022-23 be quashed to the extent of calculation of admission of students as provided in Clause-1 of Chapter-2-Admission Process;
iv) the impugned guidelines for the academic session 2022-23 be quashed to the extent it provides for no reimbursement to the petitioner with respect to imparting Pre School; Education to students admitted under RTE as provided in Clause-10 of Chapter-2-Admission Process;
v) admission process under the impugned guidelines for the Academic Session 2022-23 be quashed and any admission so allotted by the respondents on the basis of lottery
(3 of 3)
[2023/RJJP/005630]
[CW-3415/2023]
conducted by them in pursuance to the impugned guidelines be quashed and be held to be invalid and viod ab-initio;
vi) it be held that the petitioner is not required to make any admission in Pre School under the impugned guidelines for the Academic Session 2022-23 as it has already made admission in Class-I; and vii) any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, in favour of the petitioners.”
From perusal of the narration made in the writ petitions, it reveals that the petitioners have challenged the guidelines issued by the respondents for the Academic Session 2022-23 and Mr. Anuroop Singhi Adv., fairly submits that the Academic Session 2022-23 has come to an end and admittedly the admission process for the next Academic Session 2023-24 has been initiated.
In view of the statement made by Mr. Anuroop Singhi, Adv., appearing for the petitioners, the present writ petitions have become infructuous and are accordingly disposed of. Since the notice dated 01.11.2023 has been issued by the respondents for initiating the process of admission for the academic session 2023-24, in the light of the change in the circumstances, as recorded above, this Court directs the respondents not to take any coercive action against the petitioners so far as the Academic Session 2022-23 is concerned, however, if the petitioners feels aggrieved by the Policy for the Academic Session 2023-24, the petitioners would be at liberty to file fresh writ petition. Copy of the order be separately placed in each connected file.
(INDERJEET SINGH),J
JYOTI /66-68
Managing Committee, Cambridge Court High School
Managing Committee, Modern School
Managing Committee, Cambridge Court World School
State Of Rajasthan
Director Elementary Education, Government Of Rajasthan
Director, Secondary Education, Government Of Rajasthan
INDERJEET SINGH
JYOTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
