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2016 Supreme(Online)(Bom) 9

BOMBAY HIGH COURT
Coram : Anoop V. Mohta & F.M. Reis, JJ
Uran Education Society's English Medium School – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Dr.Birendra Saraf, Mr.Anil Singh
For the Respondents:Advocate General Mr.Sunil Manohar, Mr.V.M.Thorat, Ms.Salgaonkar

1. Rule. Rule is made returnable forthwith. Heard finally by consent of parties in view of the urgency expressed and the issues raised.

2. The petitioners, an unaided private school, imparting education in pre - school and elementary school, have filed this writ petition referring to the provisions of Art.14, Art.19(1)(g), Art.21, Art.21A and Art.226 of the Constitution of India and S.11, S.12 of the Right to Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "the Act") and R.12(b) of the Maharashtra Right of Children to Free and Compulsory Education (Manner of admission of Minimum 25% children in Class I or Pre - school at the entry level for the children belonging to disadvantaged group and weaker section) R.2013 (The R.2013).
R.12 of the R.2013 read as under:
12 Procedure for reimbursement. - (a) Schools shall provide free education to all children admitted under these rules till the completion of their elementary education ;
(b) Such schools as provide admission as per these Rules shall only be eligible for reimbursement of their expenses as per S.12(2) of the Act. No other reimbursement shall be eligible including admission in any pre - school clas









































































































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