S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).20587/2007
(From the judgement and order dated 22/08/2007 in
637/2006 of The HIGH COURT OF RAJASTHAN AT JAIPUR)
SOCIETY FOR UN-AIDED PVT.SH.OF RAJASTHAN
UNION OF INDIA & ORS.
(With prayer for interim relief and office report)
(FOR FINAL DISPOSAL)
Date: 10/12/2010 This Petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE R.V. RAVEENDRAN
HON'BLE MR. JUSTICE A.K. PATNAIK
For Petitioner(s) Ms. Shobha,Adv.
Mr. Mohinder Pal Thakur, Adv.
Ms. Ridhima Garg, Adv.
Mr. Phila, Adv.
For Respondent(s) Dr. Manish Singhvi,Addl.Adv.Genl(Rajasthan)
Mr. D.K. Devesh,Adv.
Mr. Sahil S. Chauhan,Adv.
Mr. Milind Kumar,Adv.
UPON hearing counsel the Court made the following
O R D E R
Interim order granted on 5.10.2010 is
modified as follows:
1. There shall be interim stay of the order
of the High Court in regard to (i) schools
having primary and pre-primary sections and
(ii) primary schools subject to the condition
that such institutions shall follow and
Implement the provisions of the Right of
Children to Free and Compulsory Education Act,
2009 strictly, in regard to the admissions for
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2. The above interim order will, however,
be subject to the order, interim or final, if
any, that may be passed in the writ petition
pending before the Constitution Bench wherein
the petitioner has challenged the provisions of
the said Act.
3. In regard to exclusive pre-
primary/nursery schools, there shall be stay of
the following directions/conditions in the
(i) The provision in paragraph 48(iii) for
two independent educationists of the area being
made members in the admission committee.
(ii) The direction in paragraph 37 read with
paragraph 35 relating to point system providing
points under column (5) for the educational
qualifications of the parents. (As a
consequence, the total points would be 80
instead of 100).
(Ravi P. Verma) (M.S. Negi)
Court Master Court Master