Held, there can be no debate on the issue that right to live, takes within its fold right to education and more so quality education - As per recently introduced Article 21A, the State is duty bound to provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine. To effectuate the constitutional obligation of the State, the Right of Children to Free and Compulsory Education Act, 2009 has been enacted and effective from 1st April, 2010. Impugned decision of the State is in anterior point of time than the coming into force of this Act. Now, since the said Act is already in place, all concerned would be obliged to give effect to the provisions thereof to examine the issue regarding establishing a school or of recognition thereof on and from 1st April, 2010. In accordance to the scheme of the constitutional provisions and of the Act of 2009, the primary obligation is of the State to provide free and compulsory education to children between the age of 6 to 14 years, in particular to children likely to be prevented from pursuing and completing the elementary education due to inability to afford fees or charges or expenses therefore. However, it does not mean that the fundamental right guaranteed to the citizens of India under Article 19(1)(g) to establish an educational institution would cease to operate. It is an activity to be undertaken by the private institutions, which will be supplemental to the primary obligation of the State in that behalf. State can only regulate the activities of the private institutions by imposing reasonable restrictions and in the interests of the general public.
