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

1. IN THE HIGH COURT OF KARNATAKA AT BANGALORE
W.P.No.45024 /2011 (PIL)
Between :
Rastra Kavi Dr.G.S. Shivarudrappa and others …. PETITIONERS
And :
The Commissioner for Public Instruction and others …RESPONDENTS
SYNOPSIS
1992 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. 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 of
Kannada language. They have done yeoman service to promote Kannada
language as a medium of instruction. They have been tirelessly working
to ensure that Karnataka achieves 100 percent literacy and that every
child receives quality education in his/her mother tongue. For this
purpose, they have been promoting right to education as a fundamental
right in a neighbourhood school. They are all highly accomplished
Kannada litterateurs. They are also the most decorated literary greats in
the country.
The Respondents have not only refused to enforce Right to
Education as a fundamental right, they have even refused to implement
the above mentioned Act of the Parliament providing for right to
education of every child as a fundamental right in a neighbourhood
school. 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 starting
permanently English medium private primary schools. On the same day
in order to encourage commercialisation and privatisation of education,
they have directed closure of 3073 govt Kannada Primary Schools and
101 Government Kannada Secondary Schools. Ephemistically
describing it as merger in another school (Annexure A and B).
This Public Interest Litigation is filed questioning the respondents
failure to implement the Act, while assailing the closure of 3174
Government Kannada schools.
Bangalore Advocate for Petitioners
Dated: 03.12.2011