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In a very startling judgment of the Karnataka High Court it was said that,students have no right of admission to private schools, as long as the government schools, local authorities' schools or aided schools are available in the neighbourhood.The case in question was Education Rights Trust v. State of Karnataka & Another, in which the constitutional amendmentof Rule 4 of Karnataka Right of Children to Free & Compulsory Education Rules, 2012 was upheld. This petition was heard in question of declaring this amendment as null and void.
The Court stated that children eligible for a seat under the Right to Education going for unaided schools in spite of aided schools being present in the neighbourhood is fallacious. It was observed by the Court that, judicial review on administrative or legislative actions is permissible only where policy is faulty on the ground of unreasonableness or is arbitrary. Precedents were emphasized upon while delivering the instant judgment. One case which was discussed was Krishnan Kakkanth v. Government of Kerala & others , in which it was said that, except for the limited purpose of testing a public policy in the context of illegality and unconstitutionality, courts should avoid 'embarking on uncharted ocean of public policy. Keeping these in mind, it was decided upon by the Court that the petitioners had failed to prove arbitrariness, mala fides, or violation of law. Hence, impugned action of respondents in bringing the amendment is neither unconstitutional nor arbitrary nor it contravenes any right envisaged. Additionally it was also stated that, if the prayer of the petitioners is granted then it will hamper the functioning of the government aided schools and institutions.
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