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2013 Supreme(Bom) 2189

R.M.BORDE, RAVINDRA V.GHUGE
Mahila Vikas Mandal, Aurangabad – Appellant
Versus
State of Maharashtra, through Principal Secretary, School Education and Sports Department – Respondent


Advocate Appeared:
For the Petitioners:V.D. Sapkal, S.B. Ghatol Patil with P.S. Kochar, Sanjay Kolhare, S.G. Rudrawar, Mrs. A.S. Rasal, A.L. Tikle, S.R. Choukidar, Ravi R. Bangar, I.D. Maniyar, A.M. Gaikwad, V.D. Salunke, C.V. Thombre, S.G. Munde, V.D. Gunale, S.V. Kulkarni, V.G. Salgare, A.A. Mundhe, S.R. Kolhare, Hrishikesh A. Joshi, M.M. Tamane, S.G. Sangle, S.B. Ghatol Patil, P.G. Rodge, Advocates.
For the Respondents:R1 to R5, S.V. Kurundkar, Mrs. A.V. Gondhalekar, Government Pleaders, R4, P.R. Tandale, R5, B.A. Shinde, V.S. Panpatte, K.J. Ghute Patil, R6, U.B. Bondar, V.S. Panpatte, Advocates.

Judgment :

R.M. Borde, J.

1. Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. In this group of petitions, petitioners are questioning the legality and validity of the Government Resolution dated 02.05.2012. Petitioners, before the Court, are either private aided institutions operating primary schools or employees employed by such private schools.

3. The preamble of the Government Resolution dated 02.05.2012 records that it is the primary responsibility of the State Government, under the Indian Constitution, to provide quality education to the children in the State. In order to make available facilities of education to the children, the State Government operates schools through the local self Government as well as by providing aid to the private managements. The Special Justice Department as well as Tribal Development Department of the State of Maharashtra operate Residential schools as well as Ashram Schools for imparting education to the children. There are about 1,00,000 schools operating in the State imparting education to about 2 crores students. The School Education Department of the State makes a budgetary


























































































































































































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