Important Point
Government and its authorities are duty bound to ensure that benefit reaches to deserving and genuine class of students.

Jayant M. Patel, J.

1. As in both the appeals, more or less common questions arise for consideration, they are being considered simultaneously.

2. Writ Petition (PIL) No. 193/14 has been preferred by one Mr. Prakash Kapadia in capacity as the President of Jagega Gujarat Sangharsh Samity, one of the NGO for espousing the public cause under the Right of Children to Free and Compulsory Education, 2009 (hereinafter referred to as the "Act") and the petitioner has prayed for the appropriate writ to direct the respondent authorities to take immediate and appropriate steps in compliance of the Notification dated 18.02.2012 which is for bringing into force the rules known as the Right of Children to Free and Compulsory Education Rules, 2012 (hereinafter referred to as the "Rules") and further compliance is prayed of the Circular dated 23.05.2013 (hereinafter referred to as the "Circular") of the Government which is for making provision for admission on 25% seats to the children belonging to weaker section of the society in unaided primary schools. The another prayer made by the petitioner is to issue appropriate direction to the authorities to initiate appropriate steps in accordance with the above Rules and the Circular dated 23.05.2013.

3. The another Writ Petition (PIL) No. 51/15 is preferred by Dalit Hakk Rakshak Manch (NGO) and another seeking appropriate writ to direct the respondents to strictly implement the provisions of the Act across the State and to give wide publicity thereof by affixing banners, posters at the public places and schools so that the parents can avail of the benefit thereof. The said petitioners have also prayed to direct the respondents to ensure that the Act is implemented retrospectively and to scrutinize all admissions granted in non-granted school from the year 2009 onwards and to identify the students who have been deprived of the benefit of the Act and the fees paid by them be ordered to be refunded.

4. We have heard Mr. BB Oza and Mr. P.J. Joshi, learned advocates for the concerned petitioners in their respective petition and we have heard Mr. Sandeep Singhi with Mr. Shamik Bhatt, Mr. Zalak B. Pipalia, Mr. Shirish Joshi, Mr. AJ Shashtri, Mr. Pritesh Parikh, Mr. Parth Divyeshwar, Mr. Nikunt Raval, Ms. Hiral Mehta for Mr. J.R. Dave, Mr. B.K. Oza, Mr. Harshadrai Dave, Mr. Amit R. Joshi, learned advocate for the concerned respondents in their respective matters. We have heard Ms. Manisha Shah, learned Govt. Pleader with Mr. DM Devnani, AGP for the State and its authorities for final disposal of the petitions. The other learned advocates appearing for the schools have declared that they support the contentions raised on behalf of the co-respondents.

5. Before we further consider the controversy, it would be useful to refer to certain factual aspects emerging from the record of the respective petitions.

Writ Petition No. 193/14

6. CASE OF THE PETITIONER

"6.1 Case of the petitioner is that the parliament has enacted the Right of Children to Free and Compulsory Education Act, 2009 and thereafter the Education Department, State of Gujarat, has framed Right of Children to Free and Compulsory Education Rules of 2012.

6.2 The Education Department, State of Gujarat, had issued the resolution on 23.05.2013, whereby State Government had provided the provision and procedure for admission of 25% students from weaker section and disadvantaged group.

6.3 Though the Act and Rules are enacted and framed, respondent authority is not properly implementing the provisions of the said Act and the Rules. The petitioner has, therefore, made representations from time to time to the respondent authority and also asked for certain information under the Right to Information Act, 2005. However, the respondent authority has not taken any steps for implementation of the provisions of the Act and the Rules.

6.4 It is the case of th