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2015 Supreme(All) 815

RAJAN ROY
CITY MONTESSORI SCHOOL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shantu Bhusan, M.N. Rao, Manish Vaish, Gajendra Pal Singh Chauha, Kukteshwar Mishra, Askari Naqvi, Indrapal Singh and Prakash Kumar Sinha for the Petitioner; C.S.C., Ashok Agrawal, Kirti Srivastava, Manish Mishra, Pratik J. Nagar, J. Nagar and Jaideep Bedi for the Respondents.

JUDGMENT

Hon’ble Rajan Roy, J.—Heard Sri Shanti Bhushan, Sri M.N. Rao learned Senior Advocates, assisted by Sri Manish Vaish and Sri P.K. Sinha, Sri Askari Naqvi and Indrapal Singh for the petitioners, Sri Z.Jilani, learned Additional Advocate General U.P., Sri Nagar learned Senior Advocate and Sri Manish Misra for the opposite parties.

2. Writ Petition No. 2088 (M/S)/2015 has been filed by an educational institution challenging an order dated 13.4.2015 passed by District Basic Education Officer, Lucknow directing the petitioner to admit 31 students in Class 1 and Nursery as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the “Act, 2009”) and the Government Orders issued in this regard. The petitioner has also challenged Clause 2 (Kha) and (Ga) of the Government Order dated 20.6.2013 and Clause 8/9 of the Government Order dated 8.5.2013. Certain other reliefs have also been sought regarding the embargo on enhancement of fee, the amount of reimbursement of fee, drawing of a policy of neighbourhood based on a reaso
















































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