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HIGH COURT OF ANDHRA PRADESH
MAIN CASE No.: W.P.No. 13720 of 2022
PROCEEDING SHEET
Sl.
ORDER
No DATE
DEV,J
06 .05. 22 W.P.NO.13720 OF 2022
Notice before admission.
Learned Government Pleader for Education takes notices for the Respondents.
Post on 22.06.2022 for filing Counter Affidavits by the Respondents.
_ ____ DEV,J I.A.NO.1 OF 2022 Heard learned counsel for the petitioners and the learned Government Pleader for Education and perused the record.
Learned counsel for the petitioners submits that Respondent No.2 has issued the impugned proceedings in R.C.No.ESE02-28023/23/2021-PLG-CSE, dated 24.11.2021, directing all the Regional Joint Directors and District Educational Officers in the State to issue Show Cause Notices to all the schools as to why the recognition should not be withdrawn wherever the enrolment is less than 20 from Classes I to V or Zero enrolment and finalize the action as prescribed under Rule 16 of the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010( for short 'Rules, 2010'). 2 Learned counsel for the petitioners further submits that the Rules, 2010, were issued by the State Government under the provisions of the Right of Children to Free and Compulsory Education Act, 2009. These rules are not applicable to the members of the petitioner's association as the members of the petitioners' association are private unaided institutions and they are not receiving any aid from the Government.
To support his contention, the learned counsel for the petitioners placed reliance of the Judgment of Hon'ble Apex Court in the case of Society for Un-aided Private Schools of Rajasthan V U.O.I and another (Writ Petition (Civil) No.98 of 2010, dated 12.04.2012), wherein it is held that the rights of children to free and compulsory education guaranteed under the Article 21-A and RTE can be enforced against the schools defined under Section 2 (n) of the Act, except unaided minority and non minority schools not receiving any kind of aid or grants to meet their expenses from the appropriate governments or local authorities.
On perusal of the Rules, 2010 also, except Rule 14, which provides for recognition of the School, and Sub Rule 4 (h) (i) of Rule 14, wherein it is stated that the school has to give reservation of minimum 25% to the 3 students of its enrolment, in all other aspects, Government has no role against the Petitioners' Institutions.
For the above said reasons, in the prima facie opinion of this Court, the impugned Proceedings issued by the Respondent No.2, dated 24.11.2021, is contrary to the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 and the Judgment of the Apex Court in Society for Un-aided Private Schools of Rajasthan V U.O.I and another.
Accordingly, there shall be interim suspension of the impugned Proceedings issued by the Respondent No.2 vide R.C.No.ESE02-28023/23/2021-PLG-CSE, dated 24.11.2021.
_ ____ DEV,J Note: Issue CC today.
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