Judgment

Sanjeev Kumar, J.-The petitioner claiming to be the father of two children studying in 10th & 12 class feels aggrieved of circular bearing No.CEO/K/Monitoring/20/14887-967 dated 21.11.2020, whereby all the DDO’s/Controlling Officers working in the District have been called upon to issue strict instructions to all Teaching officials (Lecturers/Masters/ Teachers) working under their control not to indulge in private practice of giving luxury education at private coaching institutions. The impugned circular is purported to have been issued under Section 28 of the Right of Children to Free and Compulsory Education Act, 2009, which has become applicable to the Union Territory of Jammu & Kashmir in terms of the Jammu & Kashmir Reorganization Act, 2019.

2. With a view to appreciate the grounds of challenge urged by the petitioner, it is necessary to first set out relevant facts:

Vide Government Order No.435-Edu of 2010 dated 30.04.2010, the Government promulgated the Jammu & Kashmir Regulation of Private Tuition Centre Rules, 2010 (“Tuition Centre Rules, 2010”). The Tuition Centre Rules, 2010 were primarily aimed at regulating establishment of private centres, fee by such centres