Disposed

Managing Committee v. State of Rajasthan

Rajasthan HC6 Apr 2023CW/4067/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan directed disposal of multiple connected writ petitions challenging Right to Education guidelines as they had become infructuous because the relevant academic session had already concluded. The Court directed no coercive action regarding the passed session but allowed future challenges for the next term.

What did the court decide?

Disposed of as infructuous; directed respondents to take no coercive action regarding the 2022-23 academic session.

Managing Committee Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2023)

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[2023/RJJP/005906]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3870/2023

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Managing Committee, Sawai Bhawani Singh School, Mahal Road, Jagatpura, Jaipur Through Smt. Rama Dutt Member Of The Managing Committee.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur.

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Director Elementary Education, Government Of Rajasthan, Bikaner.

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Director, Secondary Education, Government Of Rajasthan, Bikaner.

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----Respondents

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Connected with

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S.B. Civil Writ Petition No. 3889/2023

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Managing Committee, New All Saints School, Dhola Bhata, Ajmer Through Its Secretary.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur.

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Director Elementary Education, Government Of Rajasthan, Bikaner.

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Director, Secondary Education, Government Of Rajasthan, Bikaner.

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----Respondents

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S.B. Civil Writ Petition No. 3892/2023

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Managing Committee, All Saints Senior Secondary School, Near Railway Hospital, Beawar Road Ajmer Through Its Secretary.

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----Petitioner

¶23

Versus

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1. State Of Rajasthan, Through Secretary, School Education, Government Of Rajasthan, Secretariat,

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(2 of 5) [CW-3870/2023]

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[2023/RJJP/005906]

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Jaipur.

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Director Elementary Education, Government Of Rajasthan, Bikaner.

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Director, Secondary Education, Government Of Rajasthan, Bikaner.

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----Respondents

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S.B. Civil Writ Petition No. 3894/2023

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Managing Committee, Sanskar School, Sirsi Road, Jaipur Through Rhea Thahryamal, Chairperson Of The Managing Committee.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur.

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Director Elementary Education, Government Of Rajasthan, Bikaner.

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Director, Secondary Education, Government Of Rajasthan, Bikaner.

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----Respondents

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S.B. Civil Writ Petition No. 3932/2023

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Managing Committee, The Palace School, City Palace, Jalebi Chowk, Jaipur Through Smt. Rama Dutt Member Of The Managing Committee.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur.

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Director Elementary Education, Government Of Rajasthan, Bikaner.

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Director, Secondary Education, Government Of Rajasthan, Bikaner.

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----Respondents

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(3 of 5) [CW-3870/2023]

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[2023/RJJP/005906]

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S.B. Civil Writ Petition No. 3934/2023

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Managing Committee, Modern School, New Rajeev Gandhi Nagar, Sector-A, Talwandi, Kota- 324005 (Raj.) Through Authorized Person- Mrs. Kavita Bainsla.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur.

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1. Director Elementary Education, Government Of Rajasthan, Bikaner.

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1. Director, Secondary Education, Government Of Rajasthan, Bikaner.

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----Respondents

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S.B. Civil Writ Petition No. 4067/2023

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Managing Committee, St. Edmunds Convent School, A- Block, Malviya Nagar, Jaipur, Through Its President Mr. Anoop Singh.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur.

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Director Elementary Education, Government Of Rajasthan, Bikaner.

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Director, Secondary Education, Government Of Rajasthan, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Anuroop Singhi For Respondent(s) : Mr. M.S. Singhvi, A.G. with Mr. Daksh Pareek, Adv. Mr. C.L. Saini, AAG

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HON'BLE MR. JUSTICE INDERJEET SINGH

Order

[2023/RJJP/005906]

[CW-3870/2023]

(4 of 5)

06/04/2023

At the request of counsel for the petitioners, the facts have been noticed from S.B. Civil Writ Petition No.3870/2023 and the prayer made therein reads as under :-

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“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 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.

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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-2Admission Process;

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v) admission process under the impugned guidelines for the Academic Session 202223 be quashed and any admission so allotted by the respondents on the basis of lottery conducted by them in pursuance to the impugned guidelines be quashed and be held to be invalid and void 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

[2023/RJJP/005906]

[CW-3870/2023]

(5 of 5)

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.”

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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.

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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 01.02.2023 has been issued by the respondents for initiating the process of admission for the academic session 2022-23, 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.

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(INDERJEET SINGH),J

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JYOTI /192-198

Managing Committee v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Managing Committee v. State of Rajasthan

Case brief

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