L. Narayana Swamy, J.

All these writ petitions are filed in the form of public interest litigation to declare the amendment of Rule 4 of Karnataka Right of Children to Free & Compulsory Education Rules, 2012, issued by means of notification dated 30.01.2019 by the Respondent No.2, as null and void on the ground that the same is in violation of fundamental rights of children guaranteed under Article 21-A of the Constitution of India.

2. The provision challenged in these proceedings reads as follows:

“provided that no unaided school falling under such clause (iv) of clause (n) of Section 2 shall be identified for the purpose of admission of disadvantaged group or weaker section, where government school and aided schools are available within the neighbourhood”.

3. The petitioners herein consist of an organization, parents of the children seeking admission under provisions of Right to Education Act and a RTE Students & Parents Association (R). The aforementioned amendment, in substance, precludes identification of schools under the RTE Act wherever there exists a Government School or an aided school. If the amendment is declared ultra vires the Constitution of India, children ent