Supreme Court of India

Society for Un-aided P.school of Rajasthan v. U.O.I. & Anr.

Neutral citation

Reported as [2012] 2 S.C.R. 715

Bench S.H. Kapadia, K.S. Radhakrishnan and Swatanter Kumar JJ.

Decided 12 April 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

16 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the Right of Children to Free and Compulsory Education Act, 2009 is constitutionally valid and shall apply to the following: (i) a school established, owned or controlled by the appropriate Government or a local authority; SOCIETY FOR UN-AIDED P.SCHOOL OF 855 RAJASTHAN v.

Judgment, page 140

From the headnote

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 - 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 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)

Authorities it was built on

2007 Rakesh Kumar Jain and Anr. v. Stateof U.P. Thr. Collector and Anr. cited by 24
1962 Rev. Sidhajbhai Sabhai and Others v. State of Bombay and Another cited by 17
2009 Avinash Mehrotra v. Union of India & Ors. cited by 6

Where later benches applied it

2015 Hindustan Zinc Ltd v. Rajasthan Electricity Regulatory Commission relied on
2014 Charu Khurana & Others v. Union of India & Others relied on
2013 Maharshi Mahesh Yogi Vedic Vishwavidyalaya v. State of M.P. & Ors. relied on
2025 Anjuman Ishaat-e-taleem Trust v. The State of Maharashtra and Others referred to
2024 Anjum Kadari & Anr. v. Union of India & Ors. referred to
2024 Society for Enlightenment and Voluntary Action & Anr. v. Union of India & Ors. referred to
2023 Kaushal Kishor v. State of Uttar Pradesh & Ors. referred to
2022 Janhit Abhiyan v. Union of India referred to
2022 Aishat Shifa v. The State of Karnataka & Ors referred to
2021 Dr. Jaishri Laxmanrao Patil v. The Chief Minister & Ors. referred to
2021 Indian School, Jodhpur & Anr. v. State of Rajasthan & Ors. referred to
2020 Janhit Abhiyan v. Union of India & Ors. referred to
2019 State of Bihar & Ors. v. The Bihar Secondary Teachers Struggle Committee, Munger & Ors. referred to
2018 Navtej Singh Johar & Ors. v. Union of India Thr. Secretary Ministry of Law and Justice referred to
2012 Environment & Consumer Protection Foundation v. Delhi Administration & Ors. referred to
2013 Christian Medical College Vellore & Ors v. Union of India and Ors. mentioned

Of those, 3 relied on · 12 referred to · 1 mentioned

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