Dismissed

Swayam Sevi Shishan Sanstha Ors. v. U O I and Ors.

Rajasthan HC23 May 2023CW/6189/2014

Case brief

AI extract

What is this about?

School societies challenged the validity of the RTE Act, 2009 and Rules, 2010. The High Court dismissed the petition relying on the Supreme Court's judgment in Society for Unaided Private Schools of Rajasthan, holding no purpose would be served in keeping it pending.

What did the court decide?

Petition dismissed as the validity of the challenged provisions was upheld by the Supreme Court in a closely related case.

Swayam Sevi Shishan Sanstha Ors. Vs U O I and Ors. — Education and Admissions | Rajasthan HC (2023)

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[2023/RJJP/011637]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 6189/2014

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Swayam Sevi Shikshan Sanstha Sangh, Rajasthan, a Society registered under the provisions of Rajasthan Societies Act , 1958 having its registered office at Vedic Kanya Mahavidyalya, Rajapark, Jaipur 302004 through its President, Shri. Satyavrat Samvedi S/o Shri . Samvedi Jaidev Vedalakar, aged about 78 years.

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Vivekanand Vidya Niketan Senior Secondary School, Sector5, Jawahar Nagar, Jaipur-302004, run by Veerbhumi Shiksha Prabandh Samiti, Jaipur through its Secretary Shri. Kishan Mittal S/o Shri Shankar Lal Mittal, aged about 53 years.

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Vivekanand Public School, Jawahar Nagar, Sector - 5, Jaipur - 302004, run by Veerbhumi Shiksha Prabandh Samiti, Jaipur through its Secretary Shri. Kishan Mittal S/o Shri. Shankar Lal Mittal, aged about 53 years.

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Akashdeep Public School, Agarwal Farm, Mansarover, Jaipur, run by Akashdeep Vidyalaya Samiti, Jaipur through its Secretary Shri. L.C. Bhartiya S/o B.L. Bhartiya, aged about 63 years.

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Ekta Public School, Kacchi Basti, Jawahar Nagar, Jaipur302004 run by Indoriya Shiksha Samiti, Jaipur through its Secretary Shri. Mahant Govind Narayan Indoriya S/o Shri. Sitaram Indoriya, aged about 38 years.

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Indoriya Public School, Khonagauriyan, Goner Road, Jaipur run by Indoriya Shiksha Samiti, Jaipur through its Secretary Shri. Mahant Govind Narayan Indoriya S/o Shri. Sitaram Indoriya, aged about 38 years.

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Mamta Bal Niketan, Teela No. 4, Kacchi Basti, Jawahar Nagar, Jaipur 302004 run by Mamta Bal Niketan Shiksha Samiti, Jaipur through its Secretary Shri. Hanuman Bairwa S/o Shri. Bhomaram Bairwa, aged about 36 years.

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Tilak Vidyapeeth, Govind Nagar Airport, Sanganer, Jaipur run by Tilak Vidyapeeth Samiti, Jaipur through its Secretary Shri. Alok Kumar S/o Ramswaroop Jaiswal, aged about 47 years.

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Rajvansh Public Senior Secondary School, Barkat Nagar, Jaipur run by Rajvansh Shiksha Samiti, Jaipur through its Secretary Shri. Soran Singh Chauhan S/o Shri . Gajraj Singh , aged about 71 years.

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St. Edmund's School, Sector-5, Jawahar Nagar, Jaipur302004 run by St. Edmund's Educational Society, Jaipur through its President Shri. Sudhir Kumar Singh S/o Late Shri. Ranbir Singh, aged about 62 years.

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Modern Academy Senior Secondary School, Guru Jambeshwar Nagar B, Vaishali Nagar run by Modern Shiksha Samiti, Jaipur through its Secretary Shri. Lokesh Sharma S/o Shri. B.P. Sharma, aged about 41 years.

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Gyandeep Vidyapeeth, Teela No. 5, Kacchi Basti, Jawahar Nagar, Jaipur - 302004 run by Gyandeep Shiksha Samiti, Jaipur through its Secretary Shri. Kailash Chandra Sharma S/o Shri. Kishan Lal Sharma, aged about 50 years.

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Vedic Balika Ucch Madhyamik Vidyalaya, run by Vidya Samit Arya Samaj , Adarsh Nagar, Jaipur through its Secretary, Shri. Manohar Lal Satija S/o Late Shri T.D. Satija, aged about 70 years.

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Maheshwari Public School, Jawahar Nagar, Jaipur 302004 run by Shri. Maheshwari Samaj, Jaipur through its Secretary Shri. Sharad Kabra S/o Shri. P/C/ Kabra, aged about 45 years.

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Beetles International School, Sumel Road, Agra Road, Jaipur -302031 run by Motiraj Educational and Welfare Society, Jaipur through its Secretary Shri. Pradeep Johri S/o Shri. S.N. Johri, aged about 48 years.

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Shri Bhawani Niketan Public School, Sikar Road, Jaipur run by Shri Bhawani Niketan Shiksha Samiti, Jaipur through its Secretary Shri. Rajendra Singh Bagar S/o Shri. Prathiv Singh, aged about 58 years .

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----Petitioner

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Versus

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Union of India through Secretary, Department of School

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Education and Literacy, Ministry of Human Resource Development, Government of India, Shastri Nagar, New Delhi.

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State of Rajasthan through Principal Secretary, School and Sanskrit Education, Department of Education, Government of Rajasthan, Secretariat Building, Near Statue Circle, Jaipur.

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Directorate of Elementary Education, Department of Education, Government of Rajasthan, Bikaner, Rajasthan through its Director

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----Respondents

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For Petitioner(s)	:	Mr.Prateek Jain for Mr.Sunil Nath
For Respondent(s)	:	Mr.MS Singhvi, Advocate General with Mr.Siddhant Jain
		Mr.RD Rastogi, ASG with Mr.CS Sinha
		Mr.Anand Sharma with Mr.Subham Jaimini

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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23/05/2023

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The instant petition has been filed by the petitioners challenging the validity of Sections 3, 6, 12, 18 & 19 along with the schedule appended to the Right of Children to Free and Compulsory Education Act, 2009 (for short “the Act of 2009”) and the Right of Children to Free and Compulsory Education Rules, 2010 (for short “Rules of 2010”) . The petitioners have also made certain other prayers in the writ petition.

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This Court, on the last date of hearing, was informed by learned Advocate General that similar controversy, as raised by the petitioners, has already been decided by the Apex Court in the

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case of Society for Unaided Private Schools of Rajasthan Vs. Union of India & Anr. [(2012) 6 SCC 1] .

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Learned counsel – Mr.Prateek Jain, appearing for the petitioners, on the last date of hearing, had sought time to seek instructions in the matter.

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Today, learned counsel for the petitioners informed this Court that he has not received complete instructions from his clients to make submissions in respect of maintainability of the present petition.

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This Court, on bare perusal of the prayer made in the present writ petition, finds that the petitioners had filed this petition feeling aggrieved against the provisions of the Act of 2009 and Rules of 2010.

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This Court finds that the Apex Court, since has upheld the validity of these provisions and as such, no purpose would be served to keep the present writ petition pending.

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Accordingly, this Court, in view of the judgment passed by the Apex Court in the case of Society for Unaided Private Schools of Rajasthan (supra), deems it proper to dismiss the present petition.

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It goes without saying that if the petitioners have grievance in respect of any cause of action, which may arise, they are always free to avail the appropriate remedy, available under the law.

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The present writ petition stands dismissed accordingly.

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(ASHUTOSH KUMAR),J Preeti Asopa /30

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(ASHOK KUMAR GAUR),J

Swayam Sevi Shishan Sanstha Ors. v. U O I and Ors.

Case brief

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Swayam Sevi Shishan Sanstha Ors. v. U O I and Ors.

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