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2017 Supreme(Chh) 222

SANJAY K.AGRAWAL
St. Ann's English Medium School, Gharghoda – Appellant
Versus
State of Chhattisgarh, Represented by Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner:Dr. P. George Giri and Mr. Kishore Narayan, Advocates.
For the Respondent:Mr. Prasun Kumar Bhaduri, Govt. Advocate, Mr. B. Gopa Kumar, Assistant Solicitor General of India.

ORDER :

1. The petitioners – educational institutions claiming to be the minority unaided private educational institutions under Article 30(1) of the Constitution of India, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, have filed these writ petitions for enforcement of their fundamental rights guaranteed under Articles 30, 14 and 19 of the Constitution of India restraining the State Government from initiating adverse action de-recognising them and questioning the impugned order directing them to produce certificate of religious minority institution by the State Government failing which the petitioners schools will be de-recognised for not admitting 25% students as provided in Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (for short, 'the RTE Act, 2009').

2. Essential facts necessary to adjudicate the plea raised at the Bar are as under: -

(3.1) It is the case of the petitioners that they are the Christian Minority Unaided Educational Institutes having minority status certificate issued to them by the National Commission for Minority Educational Institutions under the National Commission for Minority















































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