Petitioner sought protection as a minority institution lacking a required certificate. Court clarified no benefits apply until certification is obtained. Petition disposed of with liberty to re-approach upon obtaining the certificate.
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15-WP-4037-15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4037 OF 2015
The Kannada Sangha, Pune .. Petitioner versus The Director of Education, Primary School, Pune & Ors. .. Respondents
Mr. T. Dande with B. Gadvi, A. Tapkir and K. Nandu i/b. Tejesh Dande & Associates for Petitioner. Mr. P. P. Kakade – AGP for Respondent No. 1. Mr. R. S. Khandeparkar for Respondent No. 2.
CORAM: DR. MANJULA CHELLUR, C. J. AND M. S. SONAK, J. DATE : 04 OCTOBER 2016
P.C.:
1] The petitioner seeks protection as a minority institution running an educational institution at Poona on the ground that way back in 2004 Government of Maharashtra declared the institution of the petitioner as a minority institution. However, there is no certificate which has to be obtained by it for the purposes of extending benefits available to it so far as Educational Act is concerned in order to consider the petitioner as a minority institution.
2] The petitioner's counsel submits that the petitioner will initiate the process and obtain the certificate.
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3] At this stage, we make it clear that none of the benefits available to minority institution could be given to the petitioner so far as the respondents authorities are concerned till such certificate is obtained.
4] In the light of above situation, writ petition is disposed of reserving liberty to the petitioner to approach this court once he gets certificate required.
CHIEF JUSTICE
chandka
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2 issues framed by the court
Whether relief can be granted to a petitioner seeking protection as a minority institution without the requisite certificate.
Whether benefits under the Educational Act are available to the petitioner absent the mandatory certificate.
The Kannada Sangha, Pune
The Director of Education, Primary School, Pune
DR. MANJULA CHELLUR
M. S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
