P.B.Bajanthri, J.

Appellant is a registered trust, registered with a reason and object to part primary and higher level education for the benefit of residents of Kalaburagi city. From 30th October 2014 for the purpose of running school for standard 6th to 8th an application was presented for the purpose of registration and sanction to run the school for the 6th to 8th standard. In this regard, the appellants were stated to have complied Rule 3 of the Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999 (for brevity 'Rules 1999'). During pendency of the appellant's requisition, State Government issued notifications dated 11.11.2014 and 14.11.2014 in respect of certain modification of contents in Rule 3 of the Rules 1999 in particularly, table under Rule 3, item No.2 Upper Primary School (including Composite School) and Secondary School (including Composite School) value of security deposit is Rs.20,000/- and Rs.30,000/- respectively. Value of security deposit (for 6th standard to 8th standard) has been enhanced from Rs.5,000/- to Rs.50,000/- for Kannada medium and from Rs.10,000/- to Rs.1,00,000/- for English medium plus additional fees of Rs.20,000/- respectively. The aforesaid notifications dated 11.11.2014 and 14.11.2014 are with reference to provisions of Right of Children to Free and Compulsory Education Act, 2009 (for brevity 'Act 2009'), in particularly, Sections 19 and 25 of the Act 2009, towards construction of school and basic infrastructure. Feeling aggrieved by the notifications dated 11.11.2014 and 14.11.2014, appellants had presented writ petitions, which were dismissed on 06.02.2015. Hence, the present appeals.

2. Learned counsel for the appellants submitted that Rule 3 of Rules 1999 provides for procedure for recognition of registered educational institutions. Under the aforesaid Rule table is also incorporated. In terms of the table, value of security deposit for class 5th to 7th is Rs.20,000/- and for class 8th to 10th Rs.30,000/- whereas notification dated 11.11.2014 read with 14.11.2014 prescribes on a higher side i.e. Rs.50,000/- for Kannada medium and Rs.1,00,000/- for English medium plus additional fees of Rs.20,000/- respectively. It was submitted that modification of a table under Rule 3 of Rules 1999 by means of a notification is impermissible. It was pointed out that Section 145 of the Karnataka Education Act, 1983 (for brevity 'Act 1983') provides for framing Rules. Item Nos.(xiv) and (xvi) to Section 145 of Act, 1983 provides for the grant of registration or recognition to educational institutions and the conditions therefor and the form of the register maintained for registration of educational institutions and tutorial institutions and of the registration certificate. State Government has issued Rules 1999. Section 19 of Act 2009 provides for norms and standards for school. Impugned notification dated 11.11.2014 read with 14.11.2014 are contrary to statutory provisions, in particularly, Rule 3 of Rules 1999 read with table and Section 145 of the Act 1983. These legal issues have not been appraised by the learned Single Judge in its order dated 06.02.2015. Therefore, there is an error in the order of the learned Single Judge in not appreciating Section 145 of the Act 1983 read with Rule 3 of Rules 1999 and table thereunder. Hence, the order of the learned Single Judge is liable to be set aside.

3. Per contra, learned counsel for the respondent-State supported the order of the learned Single Judge and further contended that impugned notification dated 11.11.2014 and 14.11.2014 are in terms of Section 19 and 25 of the Act 2009. Act 2009 would prevail over the Act 1983 read with Rules 1999. Hence, no interference is called for.

4. Heard the learned counsel for the parties.

5. Core issues in these appeals are:

(1) Whether learned Single Judge has not not