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2018 Supreme(UK) 232

RAJIV SHARMA, LOK PAL SINGH
Kamal Gupta – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajendra Dobhal, Mr. Devang Dobhal
For the State : Mr. Pradeep Joshi

JUDGMENT :

Rajiv Sharma, J.

1. The Court has taken cognizance of letter dated 22.04.2014 written by Shri Kamal Gupta highlighting therein the difficulties faced by Children with Special needs for pursuing education in the Educational Institutions throughout the State of Uttarakhand.

2. Article 21-A of the Constitution of India was inserted in the Constitution by way of 86th amendment Act, 2002 w.e.f. 01.04.2010, it reads as under :-

“21-A. Right to education- The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”

3. The parliament has enacted the Act called “The Right of Children to Free and Compulsory Education Act, 2009”. The Statement of Object and reasons reads as under :-

“The crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all has been accepted since inception of our Republic. The Directive Principles of State Policy enumerated in our Constitution lays down that the State shall provide free and compulsory education to all children up to the age of fourteen years. Over the years there has b
























































































































































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