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2010 Supreme(Bom) 1228

D.K.DESHMUKH, N.D.DESHPANDE
Association of International Schools & Principals Foundation – Appellant
Versus
The State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Aspi Chinoy, Sr. Counsel with Navroz Seervai, Sr. Counsel with Prateek Seksaria, Sanjay Jain, I.J. Nankani, Lalit Jain, H.S. Khokawala and Cesar Pereira i/by M/s. Nankani & Associates, Advocates. For the Respondents: D.A. Nalawade, Government Pleader.

Judgment :-

D.K. Deshmukh, J.


Rule. Rule made returnable forthwith. By consent of the parties, heard finally. Petitioner No. 1 is an association of private unaided minority and private unaided school who run International Curriculum Schools. The petitioners have filed this petition challenging the Constitutional validity of section 2 and 4 of the Maharashtra Education Institutes (Prevention of Capitation Fees) Act, 1987 as also challenging the validity of Government Resolution dated 15.7.2010 and 22.7.1999. The subject matter of the Government Resolution dated 15.7.2010 is regulation of fees that are charged in unaided secondary schools. The subject matter of Government Resolution dated 22.7.1999 is also the same. It is the case of the State Government that these Government Resolutions have been issued in exercise of its power under the Maharashtra Education Institutes (Prevention of Capitation Fees) Act, 1987, hereinafter referred to as “Act” for the sake of brevity) including Section 13. Perusal of the G.R. dated 15.7.2010 shows that it refers to the provisions of Section 4(3) and Section 2 of the Act and states that the Government Resolution contains instructions about fees that
































































































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