D.K. DESHMUKH, J.

1. This Bench has been constituted by the Hon’ble the Chief Justice , because a Division Bench of this Court by order dated 26th October, 2010 referred following questions to a Larger Bench:

(i) Do the provisions of Secondary Schools Code acquire statutory force because of reference made to those provisions in the Regulations framed under the Maharashtra Secondary and Higher Secondary Education Boards Regulations, the M.E.P.S. Act and the judgment of the Supreme Court in the case of M.G.Pandke v/s. Municipal Council Hinganghat, 1993 Supp(1) SCC 708?

(ii) From the point of view of making application for starting a school do the Marathi medium school constitute a different class which can be treated differently by the State Government?

(iii) Does the Applicant have to indicate whether he wants grant in aid from the State Government or not at the time when he makes an application for permission to start a school and if `Yes’ , then can schools be classified on the touch- stone whether they are seeking grant- in-aid or not?

(iv) If the Bombay Primary Education Act does not apply to the entire State of Maharashtra, which is the law governing establishment of