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2023 Supreme(Bom) 1238

MANGESH S. PATIL, SHAILESH P. BRAHME
Sri Sri Ravishankar Vidya Mandir, Through its Head Master Kiran Dattatraya Ghodke – Appellant
Versus
Government of India, Through its Under Secretary, Ministry of Human Resource Development Department of School Education and Literacy – Respondent


Advocates Appeared:
For the Petitioner: Shri Santosh S. Jadhavar.
For the Respondents: Shri Bhushan B. Kulkarni, Standing Counsel, Shri A.S. Shinde, A.G.P., Shri Anup P. Nikam.

JUDGMENT :

Shailesh P. Brahme, J.

Rule. Rule is made returnable forthwith. With the consent of parties heard learned counsel for respective parties for final disposal.

2. By the present petition, the validity of Note I of clause 3(d) of the brochure dated 14 March 2021 and clause 1.2 of the revised guidelines of Central School National Means cum Merit Scholarship Scheme (hereinafter referred as to the “Scholarship Scheme” for the sake of brevity and convenience) are challenged. Simultaneously, the petitioner is seeking declaration that the students of unaided private schools are eligible to appear for National Means cum Merit Scholarship examination. The grievance of the petitioner is that the students of VIII standard taking education in unaided private schools are not eligible for appearing in the scholarship examination and they are deprived of the scholarship scheme.

3. The petitioner is a recognized unaided private school imparting secondary education. The respondent No. 1 issued communication dated 20 April 2018 with revised guidelines of Scholarship Scheme, thereby declaring the object of the scheme. The guidelines provide the eligibility, procedure for selection and overall imp

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