MANOJ KUMAR GUPTA,J. - (1.) Heard Sri Manu Saxena, learned counsel for the petitioners, learned standing counsel for respondent no.1 and Sri P.D. Tripathi, learned counsel for respondent no.2.
(2.) The petitioners claim that they are imparting education to students below six years by running a pre-school in the name of Little Genie. They are aggrieved by notices issued to them on different dates by respondent no.2 stating that the petitioner institution does not have recognition under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009. Accordingly, they have been asked to close down their institution forthwith, failing which action under sub-section (5) of Section 18 of the Act would be taken.
(3.) The submission of learned counsel for the petitioners is that recognition under Section 18 is required to be obtained by schools as defined under Section 2(n), according to which:- (n) "school" means any recognised school imparting elementary education and includes-- (i) a school established, owned or controlled by the appropriate Government or local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority: The 'elementary education' has been defined under Section 2(f) as 2. follows:- "(f) "elementary education" means the education from first class to eights class;" The word 'child' has also been defined under Section 2(c) as follows : "(c) "child" means a male or female child of the age of six to fourteen years;;