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2025 DAILYLAW 9705 (RAJ)

SOCIETY OF CATHOLIC EDUCATION v. U O I MINISTRY OF HUMAN RESOORS

CW/1283/2012 · 2025-03-26

Mahendar Kumar Goyal

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[2025:RJ-JP:13715] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1283/2012 Society Of Catholic Education Institutions in Rajasthan, Head Office at Bishop’s House, Kesarganj, Ajmer, 305001, Rajasthan through its President, Rev. Bishop Oswald Lewis Son of Mr. Xavier Lewis. (On behalf of its Members mentioned in Schedule- A to this writ petition). ----Petitioner Versus 1. Union of India through Secretary to the Government, Ministry of Human Resources and Development, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi. 2. Director, Department of School Education and Literacy, Ministry of Human Resources and Development, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi. 3. The State Government of Rajasthan through Principal Secretary to the Government, Elementary Education Secretary, Government Secretariat, Janpath, C-Scheme, Jaipur. 4. Commissioner, Elementary, Education Department, Bikaner. 5. National Commission for Minority Educational Institutions, through its Secretary, 1st Floor Jeevantara Building, 5 Sansad Marg, Patel Chowk, New Delhi-110001. 6. Commissioner, Rajasthan Prarambhik Shiksha Parishad, Radhakrishnan Shiksha Sankul, Block-5, II nd Floor, J.L.N. Marg, Jaipur. 7. Principal, Government Upper Primary School, Jaipur. 8. Joint Commissioner, Elementary Education Department, Bikaner. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. R.D. Rastogi, ASG with Mr. Rakesh Choudhary and Mr. Samaksh Dasot HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 26/03/2025 [2025:RJ-JP:13715] (2 of 2) [CW-1283/2012] This writ petition is filed seeking a declaration that the provisions of Right to Education Act, 2009 (for short, ”the Act of 2009”) as the Rules framed thereunder are inapplicable on the education institutions being run by the petitioner-society being minority institutions. Learned Additional Solicitor General very fairly admits that the issue involved herein is no more res integra and stands decided in favour of the petitioner-society by a Larger Bench of the Hon’ble Supreme Court of India in the case of Society for Unaided Private Schools of Rajasthan Vs. Union of India and Another: (2012) 6 SCC 1 wherein, it is held that the provisions of the Act of 2009 are inapplicable on the unaided minority educational institutions. In view thereof, this writ petition is disposed of in terms thereof. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J YOGESH/55