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2014 Supreme(MP) 704

PRAKASH SHRIVASTAVA
Daly College, Indore – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.K. Sethi with Gaurav Chhabra, Manish Nair, Rahul Sethi and
Chetan Jain for petitioner in Writ Petitions No.10546/2013, 1910/2014, 1881/2014 and 10955/2013;
A.M. Mathur with Abhinav Dhanodkar for petitioner in Writ Petition No.5328/2011;
Gaurav Chhabra for petitioners in Writ Petitions Nop.1930/2014,
1928/2014, 2044/2014, 992/2014 and 1836/2014;
Ms. Vinita Phaye for respondent/State.

ORDER

1. This order will govern the disposal of Writ Petitions No.10546/2013, 5328/2011, 992/2012, 10955/2013, 1836/2014, 1881/2014, 1910/2014, 1928/2014, 1930/2014 and 2044/2014 since all these writ petitions involve the same issue in similar fact situation.

2. For convenience, the facts have been noted from Writ Petition No.10546/2013.

3. In brief, the case of the petitioner is that it is a registered society running a unaided school which also has pre-school classes. The petitioner had submitted the declaration form under rule 11 of the Right to Education Rules, 2011 in the prescribed Form No.1 and it was granted recognition under rule 11(4) of the Rules. The grievance of the petitioner had started when on the basis of the Circular dated 16.1.2013 the show-cause notice dated 26.8.2013 was issued to the petitioner to allocate 25% of the strength of children to the weaker section of society in the pre school classes, i.e., Nursery (Pre-KG), KG-1 (LKG), KG-1 (UKG) and Class 1. Hence the petitioner has filed this writ petition challenging the Circular dated 16.1.2013 and the show cause notice dated 26.8.2013.

4. A reply has been filed by the respondents taking the stand that the provisi






















































































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