LexSOCIETY FOR UN-AIDED P.SCHOOL OF RAJASTHAN versus U.O.I. & ANR.
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[2012] 2 S.C.R. 715 SOCIETY FOR UN-AIDED P.SCHOOL OF RAJASTHAN A v. U.0.1. & ANR. (Writ Petition (Civil) No. 95 of 2010) APRIL 12, 2012 [S.H. KAPADIA, CJI., K.S. RADHAKRISHNAN AND SWATANTER KUMAR JJ.] B Right of Children to Free and Compulsory Education Act, 2009 - ss. 3, 2(n)(iv), 12(1 )(b), 12(1 )(c), 18(3) and 35 - C Constitutional validity of the Act - Held: The Act is constitutionally valid - It is enacted in terms of Article 21A of the Constitution which is child centric and not institution centric - Object of the Act is to remove the barriers faced by the child seeking admission to class 1 and not to restrict the freedom D under Article 19(1 )(g) - s. 12(1 )(c) is not violative of the right of unaided non-minority schools provided under Article 19(1)(g) - The right under Article 19(1)(g) is not absolute but subject to restriction under Article 19(6) - The restrictions provided under s. 12(1 )(c) would amount to reasonable E restriction under Article 19(6) and cannot be termed as unreasonable - s. 12(1)(c) is not violative of Article 14 as it provides level playing field in the matter of right to education to children - Sections 12(1 )(c) and 18(3) infringes the fundamental freedom guaranteed to unaided minority schools F under Article 30(1) because the right under Article 30(1) is absolute - The Act is constitutionally valid qua aided minority and non-minority schools - The Act shall apply to (1) the schools established owned and controlled by appropriate Government or local authority (2) aided schools including G minority and non-minority (3) schools belonging to specified category and (4) unaided non-minority schools - Applying the principle of severability, the Act will not apply to the unaided minority schools - Recommendation made to Government 715 H 716 SUPREME COURT REPORTS [2012] 2 S.C.R. A to issue appropriate guidelines u/s. 35 clarifying whether the Act is applicable to boarding schools and orphanages - Constitution of India, 1950 - Articles 21A, 21, 45, 19(1)(g), 19(6), 14, 29 and 30(1) -Doctrines/Principles - Principle of severability. B Interpretation of Constitution - Interpretation of Fundamental Rights - Fundamental rights need to be interpreted in the light of directive principles -While determining constitutional validity of a law, it is to be kept in C mind that what is enjoined by Directive Principles, must be upheld as a reasonable restriction under Article 19(2) to 19(6) - Constitution of India, 1950 - Fundamental Rights and Directive Principles of State Policy. Right of Children to Free and Compulsory Education D Act, 2009 was enacted following the insertion of Article · 21A by the Constitution (Eighty-Sixth Amendment) Act, · 2002. Article 21A provides for free and compulsory education to the children of the age 6 to 14 years and casts an obligation on the State to provide and ensure E admission, attendance and completion of elementary education in such a manner that the State may by law determine. The present writ petitions were filed questioning the F constitutional validity of the Act and in particular validity of ss. 3, 12 (1) (b) and 12 (1) (c) and some other related provisions of the Act which cast obligation on all elementary educational institutions to admit children of the age 6 to 14 years from their neighbourhood, on the G principle of social inclusiveness. Disposing of the petitions, the Court HELD: H SOCIETY FOR UN-AIDED P.SCHOOL OF 717 RAJASTHAN v. U.0.1. Per Majority [BY S.H. KAPADIA, CJI. (FOR HIMSELF AND A SWATANTER KUMAR, J.]: 1. The Right of Children to Free and Compulsory Education Act, 2009 is constitutionally valid and shall apply to (i) a school established, owned or controlled by 8 the appropriate Government or a local authority; (ii) an aided school including aided minority school(s) receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an C unaided non-minority school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority. However, the Act and in particular Sections 12(1)(c) and 18(3) infringes the fundamental freedom guaranteed to unaided minority 0 schools under Article 30(1) and, consequently, applying the principle of severability, the Act shall not apply to such schools. (Para 20
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