The classification in Section 18 of the RTE Act is constitutionally valid, ensuring both government and private schools adhere to uniform educational standards prescribed under Section 19.

JUDGMENT

D.N. Patel, Chief Justice (Oral)--This Public Interest Litigation has been preferred with the following prayers:

"a) issue an appropriate writ, order or direction in the nature of certiorari or such other similar writ, in the nature of declaration, declaring that the expression "other than a school established, owned or controlled by the appropriate Government or the local authority" in Section 18 (1) of the RTE Act of 2009 is unconstitutional and liable to be struck down;

b) issue an appropriate writ, order or direction in the nature of certiorari or a writ of declaration that there shall be an independent body set up to regulate and monitor quality norms and standards in all schools that are covered under the RTE Act of 2009; and

c) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case as also in the interest of justice;"

2. For ready reference Sections 18 and 19 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as `the Act, 2009') read as under:

"18. No School to be established without obtaining certificate of recognition.--(1) No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed.

(2) The authority prescribed under sub-section (1) shall issue the certificate of recognition in such form, within such period, in such manner and subject to such conditions, as may be prescribed:

Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under section 19.

(3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition:

Provided that such order shall contain a direction as to which of the neighbourhood school, the children studying in the derecognised school, shall be admitted:

Provided further that no recognition shall be so withdrawn without giving an opportunity of being heard to such school, in such manner, as may be prescribed.

(4) With effect from the date of withdrawal of the recognition under sub-section (3), no such school shall continue to function.

(5) Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.

19. Norms and standards for school.--(1) No school shall be established, or recognised, under section 18, unless it fulfils the norms and standards specified in the Schedule.

(2) Where a school established before the commencement of this Act does not fulfil the norms and standards specified in the Schedule, it shall take steps to fulfil such norms and standards at its own expenses, within a period of three years from the date of such commencement.

(3) Where a school fails to fulfil the norms and standards within the period specified under sub-section (2), the authority prescribed under sub-section (1) of section 18 shall withdraw recognition granted to such school in the manner specified under sub-section (3) thereof.

(4) With effect from the date of withdrawal of re