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Rajasthan High Court
Constitutional Law

Rajasthan High Court Closes Art-Teacher PIL, Accepts B.Ed.-Trained Teachers Imparting Kala Shiksha Under RTE Act

Published: · NyayVidhan

A Division Bench of the Rajasthan High Court disposed of a 2018 public interest petition seeking Art Teachers for Kala Shiksha in government schools, after the State said that art education in Classes I to X would be taught by teachers who studied Arts in their B.Ed. course (paras 2, 4). The Court was satisfied that the State had complied with the Right of Children to Free and Compulsory Education Act, 2009, and closed the connected contempt petition (paras 5-6).

Rajasthan High Court Closes Art-Teacher PIL, Accepts B.Ed.-Trained Teachers Imparting Kala Shiksha Under RTE Act

Judgment Intelligence

Other
Vimal Sharma v. State of Rajasthan & Ors.
2026:RJ-JP:35580-DB
D.B. Civil Writ Petition (PIL) No. 20406/2018 with D.B. Civil Contempt Petition No. 1010/2024
Court
Rajasthan High Court
Date of Decision
3 September 2026
Bench
Justice Inderjeet Singh and Justice Sandeep Taneja
Relevant Acts & Sections
Right of Children to Free and Compulsory Education Act, 2009
Final Outcome

Public interest petition disposed of on the State's compliance with the Act of 2009; pending applications and the connected Contempt Petition No. 1010/2024 were disposed of accordingly (paras 5-7).

Source Rajasthan High Court, decided 03.09.2026

Key holdings

  1. The Bench was satisfied that the State had complied with the RTE Act, 2009 on art education (para 5).
  2. The compliance accepted was the State’s direction that teachers who studied Arts in their B.Ed. course teach art in Classes I to X (paras 4-5).
  3. The Court relied on the State’s application, which describes Art Education as a graded, co-curricular umbrella subject (paras 3, 5).
  4. With the public interest petition disposed of, the connected contempt petition was closed as well (para 6; contempt petition para 1).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The petitioner sought directions to implement the RTE Act by teaching Kala Shiksha (art education) like other subjects, to stop grades and Secondary Examination marksheets being issued in the subject without teaching it, and to provide enough teachers for it (para 1). On 03.12.2024 an earlier Bench recorded that teaching Art (Drawing and Music) is statutorily mandated, called the use of teachers who are not Art graduates 'only a kind of arrangement', and asked the State for an action plan to create and fill Art Teacher posts. A contempt petition followed in 2024. The State then filed an application clarifying its position (para 3).

Court's Findings

In its application, the State said that teachers up to Class V hold the BSTC qualification and those for Classes VI to VIII hold a B.Ed., in which Art Education is a compulsory subject suited to Kala Shiksha (para 3). It said that Art Education is only a co-curricular subject, graded but not counted in the final marksheet, so teachers specialised in it were not required (para 3). It added that Art Education is an umbrella subject covering fifteen forms, from wall painting and Rajasthani folk arts to music, drama, street plays and mask making, so specialists in drawing and music alone could not teach it (para 3). The Advocate General stated that the respondents had directed that art education for Classes I to X be imparted by teachers who studied Arts in their B.Ed. course (para 4). Having considered the application and that submission, the Bench was satisfied that the State had complied with the Act of 2009 (para 5). The order does not refer to the action plan sought in December 2024 (paras 3-5).

Legal Principle

Where the State shows, through an application on record and the Advocate General's submission, that art education required under the RTE Act is imparted by teachers trained in Arts during their B.Ed. course, the High Court may treat the statutory obligation as met and close a public interest petition seeking specialist Art Teachers (paras 4-6).
NyayVidhan
Court Judgments · 3 min read
Decided: September 3, 2026 Justice Inderjeet Singh and Justice Sandeep Taneja
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