2024 Supreme(Bom) 465
DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
Akhil Bharatiya Samajwadi Adhyapak Sabha – Appellant
Versus
State Of Maharashtra – Respondent
Advocates:
Advocate Appeared:
Mr. Mihir Desai, Senior Advocate with Ms. Devyani Kulkarni and Ms. Sanskruti Yagnik for petitioners in PIL/61/2024; Ms. Jayna Kothari, Senior Advocate with Ms. Payal Gaikwad, Mr. Deepak Chatap, Mr. Raj Kamble and Ms. Vasudha Chandwani for petitioner in PIL(L)/14887/2024.; Ms. Gayatri Singh, Senior Advocate with Ms. Shreya Mohapatra and Sanjot Shirsath for petitioner in WP/3317/2024.; Mr. Swanand Ganoo with Mr. Tejas S. Bhide for petitioner in PIL (L)/15520/2024.; Ms. Jayna Kothari, Senior Advocate with Mr. Deepak Chatap, Mr. Rushikesh Bhoyar for petitioners in PIL/87/2024.; Ms. Jyoti Chavan, Additional GP with Mr. O. A. Chandurkar, Addl. G.P., Ms. G. R. Raghuwanshi, A.G.P. for State - respondent in PIL/61/2024.; Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Additional GP for respondent in PIL No.87 of 2024; Ms. Jyoti Chavan, Addl. G.P. with Smt. Rita Joshi, A.G.P. for the State-respondent in PIL(L)/14887/2024, PIL(L)/15520/2024 and WP/3317/2024.; Mr. Arvind G. Kothari with Ms. Manisha Mane - Bhangale, Ms. Brijal Vora and Mr. Akshay Arora i/b. Parinam Law Associates for respondent Nos. 4 and 5 in PIL/61/2024.; Mr. Arvind Kothari for respondent Nos.6, 7, 18 and 19 in PIL/61/2024.; Mr. Nilesh Patil with Ms. Shraddha Pawar i/by Team Justice League for respondent Nos. 8 to 12 in PIL/61/ 2024.; Mr. Pritesh Burad with Mrs. Madhuri Gamare i/by Pritesh Burad Associates for respondent No. 17 in PIL/61/2024.; Mr. Chaitanya Nikte with Mr. Swapnil Sangle i/by Mr. Prajit S. Sahane for respondent No. 21 in PIL/61/2024.; Ms. Leena Patil for respondent No. 1-(UOI) in WP/3317/2024.; Mr. Ashutosh Mishra for respondent No.3-(UOI) in PIL(L)/15520/2024.; Dr. Milind Sathe, Senior Advocate with Mr. Vikram Trivedi, Ms. Suchitra Valjee, Mr. Varun Nathani, Mr. Himalaya Chaudhary, Ms. Rajvi Shah, Ms. Riyas Vasa i/by Manilal Kher Ambalal & Co. for respondent No.4 in PIL(L)/14887/2024.; Mr. Sharad Gosavi - Director of Primary Education, Pune is present.; Mr. Ramdas Dhumal - Desk Officer (Education) Mantralaya, Mumbai is present.
JUDGMENT :
Devendra Kumar Upadhyaya, CJ.
(A) CHALLENGE:
1. By instituting these petitions under Article 226 of the Constitution of India, some of which are PIL petitions, challenge has been made to the Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules, 2024 (hereinafter referred to as the Amendment Rules) whereby after Rule 4(5) of the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 (hereinafter referred to as the Principal Rules), a proviso has been added which provides that the Local Authority shall not identify the private unaided schools where Government schools and aided schools are situated within a radius of 1 km of that school, for the purpose of providing 25 per cent admission to the children belonging to disadvantaged groups and weaker sections under the Maharashtra Right of Children to Free and Compulsory Education (Manner of admission of Minimum 25% children in Class-I or Pre-School at the entry level for the children belonging to disadvantaged groups and weaker section) Rules 2013.
2. By the said Amendment Rules notified on 9th February 2024, in addition to appending the impugned proviso to Rule 4(5) to the Principa
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