In this batch of writ petitions, the petitioners are the Managers and Parent Teacher Associations of various aided schools within the State of Kerala. Consequent to the enactment of the Right of Children to Free and Compulsory Education Act, 2009 [hereinafter referred to as the 'RTE Act'], and in exercise of the powers conferred on it under the said Act, the State Government has framed the Right of Children to Free and Compulsory Education Rules, 2011 [hereinafter referred to as the 'RTE Rules']. The petitioners seek a direction to the State Government to pass orders upgrading their existing schools so as to bring within their fold additional classes (Standard V in the case of existing Lower Primary Schools and Standard 8 in the case of existing Upper Primary Schools). It is revealed from the pleadings in the writ petitions that the petitioners have all preferred applications before the State Government for the said purpose and that the said applications, though in the form prescribed under the RTE rules, do not contain the recommendation/countersignature of the educational authority concerned, which is a mandatory requirement under the Rules to maintain an application.

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