B.P. Dharmadhikari, J.

Rule. Rule made returnable forthwith. Heard by consent.

1. In W.P. 6136 of 2010, the Petitioner has commenced a Marathi medium primary school in 2008l. Arguments are advanced on the strength of this petition in remaining petitions. However, we find that in W.Ps.6153, 6155 & 6186 of 2010 the very same petitioner institution has started Marathi medium secondary schools. Permission was sought after the Schools were already established in 2008. Rejection of such permission vide communication dated 4.6.2010 in WPs. 6136,6153,6155 & 6186/10 by the State and letter of Education Officer (Primary), Zilla Parishad, Ahmadnagar dated 28.5.2010 in WP 6136/10 and the letter dated 7.6.2010 by Education Officer (Secondary), Zilla Parishad, Ahmadnagar in WP 6153,6155/10 and dated 18.6.2010 in WP 6186 of 2010 are questioned in these matters. All these petitions also contain a prayer to declare part of Section 18(1),18(5),19(1) & 19(5) of the Right of Children to Free & Compulsory Education Act,2009 (referred to as 2009 Act, hereafter) to the extent the same do not allow to “establish or function a school without obtaining a certificate of recognition” ultra-vires &