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2021 Supreme(Guj) 585

N. V. ANJARIA
Seventh Day Adventist Primary and Secondary School – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:Mr. Percy Kavina, Sr. Advocate with Ms. Dilbur Contractor.
For the Respondent: Mr. Tirthraj Pandya, AGP.

JUDGMENT :

What the petitioner has prayed is for issuance of direction to prohibit the respondents from including the name of the petitioner institution in the list of institutions eligible for granting admissions under the provisions of the Right of Children to Free and Compulsory Education Act, 2009. It is prayed to direct the authorities to remove the name of the petitioner from such list.

2. In other words, the petitioner Seventh Day Adventist Primary School wants to be absolved from the compliance of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as ‘Right to the Education Act’) while granting admissions in primary section, contending that it is required to be treated as minority educational institution for primary section also.

3. As per the case of the petitioner, since its establishment in the year 1979 and having run the school at Ahmedabad recognised by the Council for Indian School Certificate Examination, it has been imparting quality education. Petitioner society and its sister trusts functioning under the same management have been running several schools and colleges in different States, it was stated. The high

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