Onkar Nath And Others v. State Of Punjab And Another

CWP-PIL No.14 of 2024 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP-PIL No.14 of 2024 Date of decision : 19.5.2025 Onkar Nath and others .............Petitioners

Versus

State of Punjab and another .......Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. H.C. Arora, Advocate, for the petitioners Mr. Salil Sabhlok, Senior DAG, Punjab --- SHEEL NAGU, CJ. (ORAL) 1.

The instant petition has been filed seeking issuance of writ of certiorari for quashing Rule 7 (4) of the Punjab Right of Children to Free and Compulsory Education Rules, 2011, being in violation of the provisions of Right of Children to Free and Compulsory Education Act, 2009 (in short 'the RTE Act, 2009'); and also for the impugned provision having frustrated the right of the children of weaker section and disadvantaged groups to seek admission in unaided private schools under 25% quota of the RTE Act, 2009. The petitioner further prays for issuance of directions to the respondents to direct the unaided private schools to give admissions to children of weaker section and disadvantaged groups in Class I without any pre-condition as envisaged in the impugned provision and to restrain them from making any admissions Ashwani Kumar 2025.05.22 11:01 I attest to the accuracy and integrity of this document

CWP-PIL No.14 of 2024 (O & M) -2to Class I without ensuring admission to 25% students from weaker sections.

After issuing notice of motion, this Court on 28.2.2025 passed interim order in the same terms as in CWP-PIL No.285 of 2024. 2.

Vide order dated 9.4.2025, the said petition i.e. CWP-PIL No.285 of 2024 was disposed of since the fundamental prayer of the petitioner had rendered infructuous in view of State of Punjab having withdrawn the offending provision.

3.

In view of the above, the present petition also stands disposed of in terms of order dated 9.4.2025 passed in CWP-PIL-285 of 2024. 4.

Pending miscellaneous application(s), if any, stand disposed of accordingly.

(SHEEL NAGU) CHIEF JUSTICE (SUMEET GOEL) JUDGE 19.5.2025 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2025.05.22 11:01 I attest to the accuracy and integrity of this document