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2021 Supreme(Bom) 509

R. D. DHANUKA, ABHAY AHUJA
Mast. Zillurrahman Shaikh s/o. Abdul Rab Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Abdul Rab Shaikh
For the Respondent: Mr. Kedar Dighe, Adv

JUDGMENT :

ABHAY AHUJA, J.

1. Heard father of the minor Petitioner, party in person, and the learned AGP for the Respondent-State. On 23.03.2021, when this matter was heard for the first time, the following order was passed:

    “The Petitioner has applied for admission to the first standard. However, his application is considered for Senior K.G. as the age of the Petitioner as of 31 December 2020 was not 6+as stated in the Government Resolution dated 18 September 2020. The Petitioner relies upon the Government Resolution dated 25 July 2019, which is tendered across the bar and contends that the power of the Head Master of granting relaxation of 15 days in minimum age is not taken away by the Government Resolution dated 18 September 2020. The Government Resolution dated 18 September 2020 refers to the Government Resolution dated 25 July 2019 and provides for cutoff date of 31 December 2020. There is no specific reference in this Government Resolution regarding power of relaxation.

2. This position will have to be made clear by the State by filing reply as to whether the Government Resolution dated 18 September 2019 envisaged retention of power of relaxation to the head of the school of 15

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