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2015 Supreme(Raj) 715

ALOK SHARMA
New Indian Public School Society – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Devendra Sharma, Mr. P.C. Sharma, Mr. Sanjay Khedar
For the State : Mr. S.K. Gupta
For the Respondents: Mr. Prahlad Singh, Mr. S.S. Raghav

JUDGMENT :

All these ten petitions raise a common question as to whether the use of the word “Indian/National” in the name of their schools/colleges entail a contravention of Section 3 of the Emblems & Name (Prevention of Improper Use) Act, 1950 (hereinafter “the Act of 1950”) read with Entry No. 7 in the Schedule appended thereto.

2. S.B. Civil Writ Petition No. 12988/2013 titled New Indian Public School Society v. State of Rajasthan is taken as the lead case. The determination by this Court therein will apply to all connected matters.

3. The petitioner-Society goes by the name of “New Indian Public School Society, Jhunjhunu. It runs various educational institutions including both schools, colleges/units with the following names i.e. “New Indian Primary School”, “New Indian Public School”, “New Indian Polytechnic College, Dundlod”, “New Indian Women's College”, “New Indian Industrial Training Centre” and “New Indian R.K.C.L. (RSCIT) Centre”. Vide order dated 03.07.2013, the Dy. Director (Secondary), Secondary Education, Government of Rajasthan, Bikaner informed the various District Education Officers that the schools/colleges which included the word “Indian/National” or other similar



















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