Supreme Court order in Rajasthan Nursery Admisssionmatter

							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
DBCWP No.
637/2006 of The HIGH COURT OF RAJASTHAN AT JAIPUR)

SOCIETY FOR UN-AIDED PVT.SH.OF RAJASTHAN
Petitioner(s)

                         VERSUS

UNION OF INDIA & ORS.
Respondent(s)

(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
2011-2012.
             .......2.
                            - 2 -




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
impugned judgment:
(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