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2019 Supreme(All) 1054

YASHWANT VARMA
Jai Ram Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Devendra Pratap Singh, Adv., Rajesh Kumar Singh, Adv., Sudarshan Singh, Adv., Vishnu Shanker Gupta, Adv., Mrigraj Singh, Adv., Ashok Kumar Yadav, Adv., Badri Kant Shukla, Adv., Ranjana Shukla, Adv., Girish Kumar Singh, Adv., Shiv Pujan Shukla, Adv., Vivek Kumar Rai, Adv., Ashok Kumar Pandey, Adv., Rahul Mishra, Adv., Abhishek Mishra, Adv., Nisheeth Yadav, Adv., Ashish Kumar, Adv., Pranesh Dutt Tripathi, Adv., Jay Ram Pandey, Adv., Amit Shukla, Adv., Ashok Kumar, Adv., Vikram Bahadur Singh, Adv., Dharmala Yadav, Adv., Sukesh Kumar, Adv., Nand Kishore Singh, Adv., Pankaj Kumar Singh, Adv., Sunil Kumar Singh, Adv., Sanjay Chaturvedi, Adv., Sanjay Kumar Shukla, Adv., Sanjay Kumar Singh, Adv., Shashi Kant Verma, Adv., Raghvendra Pratap Singh, Adv., Grijesh Tiwari, Adv., Shyam Krishna Gupta, Adv., Ram Prakash Shukla, Adv., Pradeep Kumar Upadhyay, Adv., Santosh Kumar Tiwari, Adv., V.K. Tiwari, Adv., Vijay Kumar Singh, Adv., Akhilesh Chandra Srivastava, Adv., Awadh Narain Rai, Adv., Shivam Yadav, Adv., Sanjay Kumar Mishra, Adv., Pradeep Singh Sengar, Adv., Rajesh Tripathi, Adv., Ashok Kumar Upadhyay, Adv., Bhupendra Kumar Yadav, Adv., Birendra Kaushik, Adv., Daya Ram, Adv.

JUDGMENT :

Yashwant Varma, J.

Heard Sri Devendra Pratap Singh, Sri Ashok Pandey and Sri Girjesh Tiwari for the petitioners. Sri M.C. Chaturvedi learned Additional Advocate General assisted by Sri Bipin Behari Pandey, the learned Chief Standing Counsel, Sri Rajeshwar Tripathi and Sri I.S. Tomar leraned Additional Chief Standing Counsels appeared for the State

A. INTRODUCTION

2. In Paripurnanand Tripathi Vs. State of U.P. And Others, (2015) 3 ADJ 567 a Division Bench of this Court noticing the insertion of Article 21A in our Constitution by virtue of the Constitution (Eighty Sixth Amendment) Act, 2002 mandating the State to provide free and compulsory education to all children of the ages 6 to 14 years and the Right to Free and Compulsory Education Act, 2009 (RTE Act) held that private institutions which were engaged in imparting primary education were performing and sharing an essential obligation of the State. It held that a consequential duty stood placed on the State Government not only to provide grant in aid to such institutions but also make provision for requisite infrastru

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