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2023 Supreme(Ker) 336

S. MANIKUMAR, MURALI PURUSHOTHAMAN
T. N. Mukundan, S/o. Narayanan – Appellant
Versus
State Of Kerala, Represented By Secretary, Department Of General Education – Respondent


Advocates Appeared:
For the Petitioner: Ranjith Thamban (Sr.), V.M. Krishnakumar, P.R. Reena, P.S. Sidharthan, Maya M.
For the Respondents: Sri. K.P. Harish, M.T. Sureshkumar.

JUDGMENT :

(S. Manikumar, J.)

1. Petitioner, who is a public spirited citizen, has preferred this public interest litigation to ensure strict compliance of Section 12 of the Right of Children to Free and Compulsory Education Act, 2009 hereinafter referred to as ‘the RTE Act, 2009’.

2. Section 12 of the RTE Act, 2009 provides that a school which is established by the Government or aided by the Government shall provide free and compulsory education to the children.

3. Reliefs sought for in the writ petition are as follows:

    “i. issue a writ in the nature of mandamus commanding the respondents 1 to 4 to ensure that at least 25% of the seats in Class I to Class VII (elementary School) and pre-school of unaided schools functioning under the respondents are filled up by children belonging to disadvantaged group defined under Sec.2(d) and child belonging to weaker section as defined under Sec.2(e) of Right of Children to Free and Compulsory Education Act from the academic year 2021-22.

ii. issue a writ in the nature of mandamus commanding the respondents to ensure that the children, his or her parents or guardian are not subjected to any screening test for admission to the schools functioni

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