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2015 Supreme(Bom) 1273

ANOOP V.MOHTA, V.L.ACHLIYA
Vikhe Patil Memorial School, Pune – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Mr. A.V. Anturkar, Mr. Mihir Desai, Senior Advocate, Mr. S.B. Deshmukh, Mr. Prathamesh Bhargude, Mr. K.S. Bapat, Mr. M. Nilesh S. Patil, Dr. Birendra Saraf, Mr. Piyush Raheja, Mr. Vishesh Malviya, Ms. Nikita Mishra, Ms. Avisha Kulkarni, Mr. Rahul Deodhar for the Petitioners.
Mr. R.A. Rodrigues, Mr. N.V. Masurkar, Mr. S.G. Thakur, Mr. D.R. More, Mr. Prashant Kamble, Mr. Vishwanath Patil, Mr. Y.S. Bhate, Mr. Dushyant Kumar, Ms. Neeta Masurkar, Mrs. Surekha Sonawane, Mr. Rajdeep Suresh Khadapkar for the Respondent.
Mr. Nitin Deshpande, Ms. S.S. Bhende, Ms. Anjali Helekar, Mr. H.S. Venegaonkar, Mr. Anurag Gokhale, Mr. J.S. Saluja, AGP for the Respondent-State.

JUDGMENT

ANOOP V. MOHTA, J.

1. Rule, returnable forthwith. Heard finally by consent. The issues are common and interconnected and therefore, this common judgment/order.

2. The Petitioners are imparting preprimary and elementary education in their respective unaided schools. Some are unaided minority schools also. The Respondents-State of Maharashtra (State) and its officers are in-charge to control the schools and take effective steps to provide and or to make arrangement for primary and elementary school education till its completion in the State, as contemplated under the Right of Children to Free and Compulsory Education Act, 2009 (for short, RTE Act) and The Right of Children to Free and Compulsory Education Rules, 2010 (the RTE Central Rules), The Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 (for short, RTE State Rules of 2011) and Maharashtra Right of Children to Free and Compulsory Education (Manner of admission of Minimum 25% children in Class I or Preschool at the entry level for the children belonging to disadvantaged group and weaker section) Rules, 2013 (RTE State Rules, 2013).

3. The relevant prayers in Writ Petition No. 4457 of 2015 dated 1



























































































































































































































































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