This single bench judgment disposed of a writ petition seeking permission to start a new Urdu medium secondary school. The court held that a 2012 application could not be considered for the 2014-15 session, directing the petitioner to apply as per the Right to Education Act and Rules in future.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO.2218/2013
Kusumtai Sevabhavi Sikshan Sanstha Parbhani .. Petitioner
Versus
The State of Maha. & Ors .. Respondents
Mr.R.M.Sharma,Adv.for petitioner Mr.S.K.Tambe,AGP for R.1 to 3. Respondent no.4 served.
CORAM : R.M.BORDE & V.L.ACHLIYA,JJ. DATED: 17th June, 2014
PER COURT :-
The petitioner tendered application seeking permission to start new Urdu medium secondary school in the month of December, 2012, however, his application has not been considered and permission as requested has not been granted.
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2] The application tendered by the petitioner in the year 2012 for according permission to start new Urdu medium school during academic year 2013-14 cannot be considered for according permission to start a school during academic year 2014-15. The petitioner will have to apply to the authority in the prescribed format, in response to advertisement if any, and such application will have to be considered in accordance with provisions of Right to Education Act and Rules framed thereunder. Keeping the option to renew the prayer for according permission to start new Urdu medium school for the ensuing academic session open, Writ Petition stands disposed of.
[V.L.ACHLIYA,J.]
[R.M.BORDE,J.]
umg
2 issues framed by the court
Whether the petitioner is entitled to permission for a new school without complying with Right to Education Act provisions.
Whether the petition to revive the prayer for the same school needs to be reconsidered.
Kusumtai Sevabhavi Sikshan Sanstha Parbhani
The State of Maharashtra
R.M.Borde
V.L.Achliya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
