Karnataka High Court
WP/17811/2013 of INDIAN PUBLIC SCHOOL Vs THE STATE OF KARNATAKA on 28 September 2026
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
HC-KAR
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
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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
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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
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HC-KAR
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
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