PRADEEP SINGH YERUR
Registered Unaided Private Schools Management Association Karnataka – Appellant
Versus
Union of India Rep. by its Secretary Ministry of Education, New Delhi – Respondent
ORDER :
1. Common questions are involved in these batch of writ petitions. Hence, with consent of all parties, it is taken up together. The petitioners are unaided private school management association in three petitions and one petition is by the parent of the 5th standard student studying in a Private School questioning the circulars issued by the respondents.
2. The petitioners have sought relief to quash the circular dated 12.12.2022 bearing No. E-870867-DPII-CPIOC7-2(PLM)/3/2022, circular dated 13.12.2022 bearing No. E-9951/DSERT/EVG/5, 8 Tha.Va.Pa.Moulyankana/2022-23 and circular dated 04.01.2023 bearing No. DPI-CPIOSATS (E-)/6/2022-SATS respectively, as being violative of the mandatory procedure prescribed under Section 145 of the Karnataka Education Act, 1983 (for short ‘the Act’) Sections 16, 30 and 38(4) of the Right of Children to Free and Compulsory Education Act, 2009 (for short ‘the RTE’ Act) and for other legal infirmities urged in the pleadings and the grounds of the writ petitions.
3. The main contentions of the learned counsel appearing for the petitioners are that the students of 5th and 8th standard cannot be subjected to or forced to appear or take-up the Board ex
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