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2016 Supreme(All) 290

D. Y. CHANDRACHUD, YASHWANT VARMA
AJAY KUMAR PATEL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Adarsh Bhushan and Arpan Srivastava for the Petitioner; C.S.C. and Nisheeth Yadav for the Respondents.

JUDGMENT

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—These proceedings which have been instituted in the public interest raise a seminal issue in regard to the implementation of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Act) in relation to students belonging to the economically weaker sections. The submission of the petitioner is that the salutary mandate of Section 12 (1) (c) of admitting at least twenty-five percent students from children belonging to the weaker sections and disadvantaged group in the neighborhood has been defeated by the State Government. The Act was enacted to provide for free and compulsory education to all children of the ages of six to fourteen years. The object of the Act is to implement Article 21 A of the Constitution which provides for free and compulsory education to children between the ages of six to fourteen years. This is a fundamental right guaranteed by Part-III of the Constitution and is to be implemented in such manner as the State may by law determine.

2. The expression “school” is defined in












































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