Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Jhk) 2076

IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. Ramachandra Rao, CJ., DEEPAK ROSHAN, J.
Jharkhand Private School Association, Ranchi – Appellant
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 5455 of 2019 W.P.(C) No. 4972, 5559, 5966, 6097, 6652 of 2019 Cont. (Civil) Case No. 281 of 2025
Decided on : 02- 05-2025

Advocates Appeared:
For the Petitioner:Mr. Ajit Kumar, Sr. Advocate M/s Sumeet Gadodia, Ritesh Kumar Gupta, Rishav Kaushal, Aditya Kumar, Rupendra Prasad, Rajiv N. Prasad, Bhanu Kumar, Bharti Kumari, Abhay Kumar Singh, Rajesh Kumar, Onkar Nath Tewary, Shahid Yunus, Manoj Kumar Sinha, Talat Parween, Seema K. Singh, Krishna Prajapati, Tanya Singh, Advocates
For the Respondent:M/s D.P. Mishra (AAG-I), Sachin Kumar (AAGII), Gaurav Raj (AC to AAG-II), Ashok Kumar (AAG-IV), Faisal Allam (A.C. to S.C. Mines-III), Rakesh Kumar Shahi [AC to SC (L&C)-1], Awanish Shekhar (A.C. to AAG-I), M/s Richa Sanchita, Suman Roy, Advocates

The court struck down the imposition of application/inspection fees for recognition of schools as unconstitutional, affirming that such fees require statutory authority; while upholding land ownership requirements for private schools as valid to ensure educational standards.

Headnote:(A) Constitution of India - Article 21A - Right of Children to Free and Compulsory Education Act, 2009 - Amendments made by Jharkhand Rights of Children to Free and Compulsory Education (First Amendment) Rules, 2019 challenged - Imposition of application/inspection fee and security deposit under Rule 12 struck down as ultra vires due to lack of statutory authority - Requirement for land ownership and area regulations upheld - Composition of the District Elementary Education Committee required reconsideration for practicality. (Paras 84-100)

(B) Judicial Review - Limits of judicial review in policy matters acknowledged, but recognized that policies must not violate fundamental rights or statutory provisions. (Paras 68-70)

Facts of the case:
The writ petitions were filed challenging the legality of amendments to the 2011 Rules concerning recognition of private schools, specifically regarding fees, land requirements, and the composition of the District Elementary Education Committee. The petitioners contended that such provisions were unreasonable and ultra vires the Act.

Findings of Court:
The procedural requirements for application and inspection fees were deemed unconstitutional due to lack of legislative authority, while land ownership criteria were upheld for their necessity in maintaining educational standards.

Issues: The main issues revolved around the legality of imposing application fees and security deposits, the validity of land possession requirements, and the practical implications of an expanded District Elementary Education Committee.

Ratio Decidendi: The court held that the imposition of fees without express enabling authority is invalid under Article 265, while also affirming the necessity of land regulations for long-term school operations.

Result: Writ petitions partly allowed.

Table of Content
1. common law issues in writ petitions (Para 1 , 2 , 3 , 4)
2. right to education as fundamental right (Para 5 , 6 , 7 , 8 , 9 , 10)
3. 2011 rules for school recognition (Para 11 , 12 , 13 , 14)
4. norms added by 2019 amendments (Para 15 , 16 , 17 , 18 , 19)
5. contentions against application fees and security deposits (Para 22 , 23 , 24 , 25)
6. challenge to land ownership requirements (Para 26 , 27 , 28 , 29)
7. contentions about committee membership and decision-making process (Para 30 , 31 , 32 , 33 , 34)
8. court’s interpretation of applicability of norms (Para 62 , 63 , 64 , 65 , 66)
9. unconstitutionality of fees due to lack of statutory power (Para 76 , 77 , 78)
10. validity of land and area requirements upheld (Para 83 , 84 , 85)
11. concerns over district committee size and functionality (Para 90 , 91 , 92)

JUDGMENT :

M.S. Ramachandra Rao, C.J.

1. Since common questions of law arise for consideration in this batch of cases, they are being disposed of by this common order.

2. The basic facts as in W.P.(C) No. 5455 of 2019 are set out below.

3. The said Writ petition is filed by the Apex Association of Private Schools registered under the Societies Registration Act, 1860 operating in the State of Jharkhand.

4. All the members of the said Society are Private School Managements running schools in various districts of the State of Jharkhand and the private schools run by them have been granted from time to time recognition by the State of Jharkhand under a Code known as Unified District Information System of Education (U-DISE).

Back ground facts

5. The 86^th Constitutional Amendment Act, 2002 inserted Article 21A in the Constitution of India with an object to provide free and compulsory education to all children of age groups of 6-14 years and this was also recognized as ‘fundamental right’ under Article 21A of the Constitution of India.

The Right of Children to Free and Compulsory Education Act, 2009

6. Pursuant to the said Constitutional Amendment, the Right of Children to Free and Compulsory Education Act, 2009 (for short ‘the Act’) had been enacted. It casts obligation upon appropriate State Government to provide for and ensure compulsory education to children belonging to the age groups of 6-14 years for providing free education if they had not been admitted to school by their parents or if parents are not able to support the educational expenses of their children.

7. Under Section 18 of the said Act, it is mandated for all schools to obtain recognition from the appropriate government or local authority in such form and manner as may be prescribed.

8. A Recognition certificate could be issued under Section 18(2) of the Act in favour of schools only upon fulfillment of norms and standards specified under Section 19 thereof.

9. Section 20 of the Act confers on the Central Government the power to amend the Schedule by adding or omitting therefrom any norms and standards and the said Schedule prescribes norms and standards for the school.

10. Section 38 of the said statute enables the appropriate Government, by notification, to make rules for “carrying out the provisions of the Act”.

The 2011 Rules

11. In exercise of the said power conferred by Section 38 of the Act, the State of Jharkhand framed the Jharkhand Right of Children to Free and Compulsory Education Rules, 2011 (for short ‘the 2011 Rules’).

12. Rule 12(7) of the said Rules (as framed in 2011) stated that ‘schools established after the commencement of Act shall have to conform to the norms, standards and conditions mentioned in the schedule to the Act in order to qualify for recognition under the Rules’.

The 2019 amendment to the 2011 Rules

13. The State of Jharkhand issued a notification in Memo No. 629 dt. 25.4.2019 amending the 2011 Rules vide “Jharkhand Right of Children to Free and Compulsory Education (First Amendment) Rules, 2019. (for short ‘2019 Amendment’)

A. New requirement of application fee and security deposit added in 2019

14. Rule 12(1) of the 2011 Rules as it