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IN THE HIGH COURT OF KARNATAKA AT BANGALORE                     W.P.No.45024        /2011 (PIL)Between :Rastra Kavi Dr.G.S...
the pretext of student’s enrolment being below          10.               (Annexure B)                     BRIEF FACTS OF ...
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Synopsis of pil on closure of schools 3.12.2011

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The Synopsis of the PIL filed in Karnataka challenging the closure of government schools.

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Synopsis of pil on closure of schools 3.12.2011

  1. 1. IN THE HIGH COURT OF KARNATAKA AT BANGALORE W.P.No.45024 /2011 (PIL)Between :Rastra Kavi Dr.G.S. Shivarudrappa and others …. PETITIONERSAnd :The Commissioner for Public Instruction and others …RESPONDENTS SYNOPSIS1992 The Hon’ble Supreme Court of India declared Right to Education as a fundamental right. In all subsequents Judgments this right of the child has been upheld as a fundamental right.2002 By the Constitution (86th Amendment) Act, 2002 the Parliament accepted Right to Education as a fundamental right. Article 21A was inserted in Part III of the Constitution.2009 To enforce the fundamental right to education, the Parliament enacted Right of Children to Free and Compulsory Education Act, 2009 (Central Act no 35 of 2009).1.4.2010 The Union of India gave effect to the said enactment. However, the respondents have wrongfully refused to frame the rules under section 38 of the said Act. Right to Education is not enforced by the respondents as a fundamental right of every child in the State of Karnataka.24.9.2011 By a Circular Annexure C, the Respondents gave a red carpet welcome to open new English medium permanent private primary schools and issued guidelines to grant permission on a time schedule.24.9.2011 The respondents issued an Office Memorandum to close down 590 Government Kannada Lower primary schools and 27 Government Kannada Secondary schools on the pretext of student’s enrolment being below 5. (Annexure A)24.9.2011 The respondents issued a circular directing initiation of steps to close down 2483 Government Kannada Lower Primary Schools and 74 Government Kannada Secondary Schools on
  2. 2. the pretext of student’s enrolment being below 10. (Annexure B) BRIEF FACTS OF THE CASE The Petitioners have rendered distinguished service in the cause ofKannada language. They have done yeoman service to promote Kannadalanguage as a medium of instruction. They have been tirelessly workingto ensure that Karnataka achieves 100 percent literacy and that everychild receives quality education in his/her mother tongue. For thispurpose, they have been promoting right to education as a fundamentalright in a neighbourhood school. They are all highly accomplishedKannada litterateurs. They are also the most decorated literary greats inthe country. The Respondents have not only refused to enforce Right toEducation as a fundamental right, they have even refused to implementthe above mentioned Act of the Parliament providing for right toeducation of every child as a fundamental right in a neighbourhoodschool. On the other hand, by the circular Annexure C dated 24.9.2011,they have come out with a new policy by issuing guidelines for startingpermanently English medium private primary schools. On the same dayin order to encourage commercialisation and privatisation of education,they have directed closure of 3073 govt Kannada Primary Schools and101 Government Kannada Secondary Schools. Ephemisticallydescribing it as merger in another school (Annexure A and B). This Public Interest Litigation is filed questioning the respondentsfailure to implement the Act, while assailing the closure of 3174Government Kannada schools.Bangalore Advocate for PetitionersDated: 03.12.2011

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