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

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