Jharkhand Private School Association Vs State of Jharkhand (Jharkhand High Court)
Jharkhand High Court held that Jharkhand Right of Children to Free and Compulsory Education (First Amendment) Rules, 2019 levying application/ inspection fee of Rs. 25,000/- or Rs. 12,500/- are declared unconstitutional and are struck down.
Facts- The said Writ petition is filed by the Apex Association of Private Schools registered under the Societies Registration Act, 1860 operating in the State of Jharkhand. All the members of the said Society are Private School Managements running schools in various districts of the State of Jharkhand and the private schools run by them have been granted from time to time recognition by the State of Jharkhand under a Code known as Unified District Information System of Education (U-DISE).
Notably, the 86th Constitutional Amendment Act, 2002 inserted Article 21A in the Constitution of India with an object to provide free and compulsory education to all children of age groups of 6-14 years and this was also recognized as ‘fundamental right’ under Article 21A of the Constitution of India.
U/s. 18 of the Right of Children to Free and Compulsory Education Act, 2009 Act, it is mandated for all schools to obtain recognition from the appropriate government or local authority.
