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2019 Supreme(Kar) 1781

ABHAY S.OKA, MOHAMMAD NAWAZ
Master Manjunath Rep. by his Father Devappa Basappa Harijan – Appellant
Versus
Union of India Rep. by its Under Secretary to the Ministry of Human Resource Development Department of School Education and Literacy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Ajith Anand Shetty.
For the Respondents: Sri. K.S. Bheemaiah, Sri. S.S. Mahendra.

ORDER :

1. On an earlier date, we had put the parties to notice that the petition will be taken up for final disposal.

2. The learned Additional Government Advocate represents the second to eighth respondents and takes notice on their behalf. The learned counsel appearing for the first respondent takes notice.

3. The petitioner is a student of III Standard in a Staterun school described in paragraph 3 of the petition. He has filed this petition through his father, raising a very important issue. The issue is about the entitlement of the children to whom sub-section (1) of Section 3 of the Right of Children to Free and Compulsory Education, 2009 (for short ‘the RTE Act’) applies to two sets of school uniforms. According to the case of the petitioner, the said provision mandates that students who are studying in schools run by the State Government are entitled to two sets of school uniforms.

4. With a view to appreciate the controversy, a brief reference to the legal position will have to be made. The first provision which is material for our consideration is Article 21-A of the Constitution of India which was brought into force by the 86th Amendment to the Constitution of India. Article

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