COMMON ORDER:

The Writ Petition No.5035 of 2015 is filed by the petitioners seeking the following relief:

“...to issue an appropriate writ more in the nature of Writ Of Mandamus declaring the proceedings of the 4th Respondent in his RC.No.7987/B6/2014 dated 11.09.2014 as being arbitrary, illegal, unconstitutional and unenforceable to the petitioners 2 to 6 and the other institutions being administered by the 1st petitioner and in violation of Articles 14 and 30(1) of the Constitution of India and in contravention of the Ruling of the Honourable Supreme Court reported in Pramathi Educational and Cultural Trust Case wherein it was held that the provisions of RTE Act cannot be enforced to Minority Educational Institution and consequently direct the respondents not to enforce the provisions of RTE Act to the Petitioners-institutions and issue such other Writ or order or direction as deemed fit and proper in the circumstances of the case”

02. The Writ Petition No.13240 of 2015 is filed by the petitioners seeking the following relief:

“...to issue an appropriate writ more in the nature of Writ Of Mandamus declaring the proceedings of the District Educational Officers the Respondents 4 and 5 herein in their RC No 7910/C2/2014 dated 16.07.2014 and Rc No.8425/B6/2014, dated 30.07.2014 as being arbitrary, illegal, unconstitutional and unenforceable to the petitioners 2 to 3 and the other institutions being administered by the 1st Petitioner and in violation of Articles 14 and 30(1) of the Constitution of India and in contravention of the Ruling of the Honourable Supreme Court reported in Pramathi Educational and Cultural Trust Case where under it was held that the provisions of RTE Act cannot be enforced are Minority Educational Institution and consequently direct the respondents not to enforce the provisions of RTE Act to the petitioner institutions and issue such other writ or order or direction as deemed fit and proper in the circumstances of the case…”

03. Since the issue involved in both these Writ Petitions is identical and the relief sought arises out of similar proceedings issued by the educational authorities, both the Writ Petitions are heard together and are being disposed of by this Common Order.

04. Heard Sri Ch.Samson Babu, learned counsel for the petitioners and the learned Government Pleader for School Education appearing for respondents. Perused the record.

05(a). Aggrieved by the impugned proceedings issued by official respondents, whereby all private recognized educational institutions were directed to provide free education to the children of journalists working in Hyderabad District, purportedly under the provisions of the Right of Children to Free and Compulsory Education Act, 2009, the petitioners have filed the present writ petitions.

05(b). Learned counsel for the petitioners submits that petitioners-institutions are minority educational institutions entitled to the protection guaranteed under Article 30(1) of the Constitution of India and that they are also unaided institutions. Learned counsel further contends that the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) was enacted with the object of providing free and compulsory education to children belonging to weaker sections of society.

05(c). It is further submitted that the constitutional validity of the RTE Act was initially challenged before the Hon'ble Supreme Court in the case of Society for Unaided Private Schools of Rajasthan v. Union of India . Subsequently, in Pramati Educational & Cultural Trust v. Union of India, the Hon'ble Supreme Court held that the provisions of th