Rukmani Birla Modern High School vs State Of Rajasthan, Through Principal Secretary, To The Government, Department Of School Education

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Raj) 741

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SANJEEV PRAKASH SHARMA, BALJINDER SINGH SANDHU
Rukmani Birla Modern High School – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, To The Government, Department Of School Education – Respondent

Advocates Appeared:
For the Appellant : Mr. Surendra Singh Naruka, AAG with Mr. Divyanshu Gupta, AGC, Mr. Sachin Singh Rathore, Mr. Anshuman Singh, Mr. Tanishq Aditya Parmar, Ms. Palak Saxena, Ms. Pratik Jain, Mr. Ashish Kabra with, Mr. Keshav Parashar for, Mr. Ashwini Jaiman, Ms. Riddhi Chandrawat, Mr. Sarthak Saxena, Mr. Avik Rajoria, Dr. Abhinav Sharma with Ms. Puja Sharma, Mr. Akshaya Sharma and, Mr. Mr. Rahul Sharma, Mr. Vikas Jakhar, Mr. Siddharth Bapna and, Ms. Meyhul Mittal
For the Respondent: Mr. Devesh Yadav, CGC with Ms. Niti Jain Bhandari for Mr. Bharat Vyas, ASG, Ms. Abhinav Sharma, Ms. Gauri Jasana for, Mr. Prateek Kasliwal, Mr. Siddharth Bapna , Ms. Meyhul Mittal, Mr. Rahul Kumar, Ms. Tanushka Saxena, Dr. Abhinav Sharma with, Ms. Puja Sharma, Mr. Akshaya Sharma and, Mr. Mr. Rahul Sharma, Mr. Dinesh Yadav

JUDGMENT :

SANJEEV PRAKASH SHARMA, A.C.J.

1. Application seeking leave to file appeal, filed in D.B. Special Appeal (Writ) No.103/2024, is allowed.

2. For the reasons mentioned in the applications filed under Section 5 of the Limitation Act in DB SAW Nos.103/2024, 390/2024, 391/2024, 392/2024, 393/2024, 394/2024, 396/2024, 402/2024, 403/2024 and 414/2024, the same are allowed. Delay in filing the said appeals is hereby, condoned.

3. The present bunch of cases have a common link, hence, were heard together.

4. While D.B. Civil Writ Petition (PIL) Nos.7361/2020 and 9887/2020 have been filed by the Societies, espousing the cause of implementation of The Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred as 'RTE Act') and associated with the education of downtrodden class of children, and also challenges the authority of the State Government to set out guidelines beyond what the parent Act has authorized and prays to declare the act of the State Government in issuing such guidelines unconstitutional.

5. The other set of special appeals filed by the State Government and various Schools, challenges the judgment dated 18.07.2023 passed by the learned Single Judge

Click Here to Read the rest of this document

2026 Supreme(Raj) 741

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)SANJEEV PRAKASH SHARMA, BALJINDER SINGH SANDHURukmani Birla Modern High School – AppellantVersusState Of Rajasthan, Through Principal Secretary, To The Government, Department Of School Education – Respondent

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SANJEEV PRAKASH SHARMA, BALJINDER SINGH SANDHU
Rukmani Birla Modern High School – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, To The Government, Department Of School Education – Respondent