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2026 DAILYLAW 42982 (KAR)

INDIAN PUBLIC SCHOOL v. THE STATE OF KARNATAKA

WP/17811/2013 · 2026-09-28

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR CNR: KAHC010033752013 NC: 2026:KHC:53726 WP No. 17811 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17811 OF 2013 (GM-RES) BETWEEN: 1. INDIAN PUBLIC SCHOOL NO.9/3, IST FLOOR, TEMPLE CROSS ROAD SULTHANPALYA POST, R T NAGAR BANGALORE-560032 REPRESENTED BY ITS CHAIRMAN, SRI S RAJU AGED ABOUT 62 YEARS S/O LATE SUBRAYA SOMAYAJI …PETITIONER (BY SRI. RAJESHWARA P.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRIMARY AND SECONDARY EDUCATION DEPARTMENT 5TH FLOOR, M S BUILDING BANGALORE-560001 BY ITS SECRETARY 2. THE BLOCK EDUCATION OFFICER NORTH RANGE-3 DEPARTMENT OF PUBLIC INSTRUCTION K KAMARAJ ROAD, SHIVAJINAGAR BANGALORE-560042. 3. THE UNION OF INDIA MINISTRY OF EDUCATION Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010033752013 NC: 2026:KHC:53726 WP No. 17811 of 2013 NEW DELHI-110 003. BY ITS SECRETARY …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 & R2; SRI. M.N. KUMAR, CGSC FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SEC.12(2) OF THE RTE ACT, 2009 IS UNCONSTITUTIONAL, INVALID & ULTRAVIRES ARTICLES 14 & 21-A OF THE CONSTITUTION OF INDIA; AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner is assailing the constitutional validity of Section 12(2) of Right to Education Act, Right of Children to Free and Compulsory Education Act, 2009 (for short “the RTE Act”) as ultra vires and validity of Article 14 and 21-A of the Constitution of India. 2. Learned AGA, on the previous date had placed reliance on the judgment rendered by the Hon'ble Apex Court upholding the constitutional validity of the above Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010033752013 NC: 2026:KHC:53726 WP No. 17811 of 2013 said Sections. Petitioner's counsel had sought short accommodation to seek instructions. Today she fairly concedes that the validity of the aforesaid Sections are now upheld by the Hon'ble Apex Court and therefore, the petition is rendered infructuous. 3. Recording her statement, petition stands disposed of. (SACHIN SHANKAR MAGADUM) JUDGE ALB/List No.: 1 Sl No.: 27 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified