Interim procedural order disposing of intervention applications and directing filing of affidavits-in-reply. No substantive decision rendered.
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.
1-IA-9231-2024 +.doc
Basavraj
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
(Sr. No.1) INTERIM APPLICATION NO. 9231 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Digitally signed by BASAVRAJ BASAVRAJ GURAPPA GURAPPA PATIL Shree Chankya Education Society PATIL Date: 2024.06.1916:56:36 & Anr. .. Applicants +0530 In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION NO. 9177 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024 Kalyan Citizens Education Society & Anr. .. Applicants In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents WITH INTERIM APPLICATION (ST.) NO. 15624 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024 Vidya Pratisthan English Medium School, thr. Principal Radha Kore .. Applicant
1
1-IA-9231-2024 +.doc
In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (ST.) NO. 15627 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Sadguru Pant Maharaj Shikshan Prasarak Mandal .. Applicant In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. ..Respondents
WITH INTERIM APPLICATION (ST.) NO. 15628 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Vidya Pratisthans Indapur English Medium School .. Applicnat
In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
2
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WITH INTERIM APPLICATION (ST.) NO. 15629 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Akutai Kalayani Charitable Trust .. Applicant
In the matter between:
Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (ST.) NO. 15630 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Vidya Pratisthans Vinodkumar Gujar .. Applicant
In the matter between:
Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (ST.) NO. 15631 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Vidya Pratisthans Nanded City Public School .. Applicant
In the matter between:
Akhil Bharatiya Samajwadi
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Adhyapak Sabha & Ors.
.. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (ST.) NO. 15632 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Sadguru Pant Maharaj Shikshan Prasarak Mandal .. Applicant In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (ST.) NO. 15633 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Global Achievers School .. Applicant In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
4
1-IA-9231-2024 +.doc
WITH INTERIM APPLICATION NO. 9396 OF 2024 IN
PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Shewantabai and Shankarrao Foundations Vishwajyot High School .. Applicant
In the matter between:
Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION NO. 9397 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Maharashtra English School Trustees Association .. Applicant
In the matter between:
Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (ST.) NO. 15993 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024
Indian Education Society & Anr. .. Applicants
5
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In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (ST.) NO. 16108 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024 Amanora School .. Applicant In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (ST.) NO. 16547 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 61 OF 2024 Mis International School .. Applicant In the matter between: Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents
6
1-IA-9231-2024 +.doc
(Sr. No.2)
PUBLIC INTEREST LITIGATION (L) NO. 14887 OF 2024
Aswini Jitendra Kable .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (L) NO. 18207 OF 2024 IN PUBLIC INTEREST LITIGATION (L) NO. 14887 OF 2024
Maharashtra English School Trustees Association .. Applicant In the matter between: Aswini Jitendra Kable .. Petitioner Versus State of Maharashtra & Ors. .. Respondents
WITH INTERIM APPLICATION (L) NO. 17294 OF 2024 IN PUBLIC INTEREST LITIGATION (L) NO. 14887 OF 2024
Association of Indian Schools .. Applicant
In the matter between:
Aswini Jitendra Kable .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
7
1-IA-9231-2024 +.doc
WITH WRIT PETITION (L) NO. 14334 OF 2024
Shabbir Gulamgaus Deshmukh .. Petitioner Versus Union of India & Ors. .. Respondents
WITH INTERIM APPLICATION (L) NO. 18441 OF 2024 IN WRIT PETITION (L) NO. 14334 OF 2024
Maharashtra English School Trustees Association .. Applicant
In the matter between:
Shabbir Gulamgaus Deshmukh .. Petitioner Versus Union of India & Ors. .. Respondents
WITH
PUBLIC INTEREST LITIGATION (L) NO. 15520 OF 2024
Vidhayak Bharti .. Petitioner
Versus
State of Maharashtra
.. Respondent
Mr. Arvind Kothari a/w Ms. Monisha Mane Bhangde a/w Mr. Bijal Vora and Mr. Akshay Vora i/b. Parinam Law Associates for Applicant in IA/9231/2024.
Mr. Nilesh Patil a/w Ms. Shraddha Pawar i/b. Team Justice League for the Applicants in IA/9396/2024, IA(ST)/15628/2024, IA(ST)/15630/2024, IA(ST)/15624/2024, IA(ST)/15627/2024 ,
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IA(ST)/15629/2024, IA(ST)/15632/2024,
IA(ST)/15631/2024, IA(ST)/15633/2024, IA(ST)/16108/2024 in PIL No. 61 of 2024
Mr. Chaitanya B. Nikte i/b. Mr. Prajit S. Sahane for the Applicant in IA(ST)/16547/2024.
Mr. P. P. Kakade, GP with Mr. O. A. Chandurkar, AGP and Mrs. G. R. Raghuwanshi, for respondent in PIL/61/2024.
Mr. Sandeep D. Shinde for Respondent No .6 in IA/9177/2024 in PIL/61/2024.
Mr. Milind Sathe, Senior Advocate and Mr. Vishal Talsania a/w Mr. Vikram Trivedi, Ms. Suchitra Valjee, Ms. Riyas Vasa and Ms. Rajvi shah i/b. Manilal Kher Ambalal & Co. for the Applicant in IA(L)/17294/2024 in PIL(L)/14887/2024.
Mr. Pritesh Burad a/w Mrs. Madhuri Gamare i/b M/s. Pritesh Burad Associates for Applicant in IA/9397/2024 in PIL/61/2024
Ms. Jayna Kothari, Senior Advocate a/w Ms. Vasudha Chandwani a/w Ms. Payal Gaikwad and Mr. Raj Kamble for petitioners in PIL(L)/14887/2024.
Ms. Gayatri Singh, Senior Advocate a/w Ms. Shreya Mohapatra a/w Sanjot Shirsath for petitioners in WP(L)/14334/20204.
Mr. Swanad Ganoo a/w Mr. Tejas Bhide a/w Ms. Shivani Pawle for Petitioner in PIL(L)/15520/2024.
Smt. Jyoti Chavan, AGP a/w Smt. Rita Joshi, AGP for State in PIL(L)/14887/202 and IA(L)/18207/2024 and IA(L)/17294/2024.
Smt. Rita Joshi, AGP for State in WP(L)/14334/2024 and IA(L)/18441/2024.
Smt. Jyoti Chavan, AGP for State in PIL(L)/15520/2024.
Smt. Jyoti Chavan, AGP a/w Smt. Ria Joshi for State in WP(L)/17885/2024.
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Mr. Pritesh Burad a/w Mrs. Madhuri Gamare i/b M/s. Pritesh Burad Associates for Applicant in IA(L)/18441/2024 and IA(L)/18207/2024 .
Ms. Leena Patil for Respondent No. 1.
Mr. Ashutosh Mishra for UOI/ Respondent No. 3 in PIL(L)/15520/2024.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.
DATE: 18th JUNE, 2024
P.C.:
1. This bunch of Writ Petitions/ Public Interest Litigation Petitions primarily challenge the proviso appended to Rule 4 of the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 by means of Notification dated 9th February 2024.
2. Certain impleadment applications have been filed in these Writ Petitions/PIL Petitions by the educational institutions and also by an association of educational institutions.
3. Having regard to the subject matter of the Petitions, the intervention sought is allowed.
4. Let the applicants be impleaded as party respondent/s in the Petitions where the applications have been moved.
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However, all the intervenors/newly impleaded party respondents shall file their affidavits-in-reply in PIL Petition No.61 of 2024, which shall be the lead petition so far as the present bunch of the petitions is concerned.
5. Learned State Counsel has submitted that for filing an effective reply on behalf of the State authorities and also for bringing the correct and necessary facts before this Court, certain information has been sought from the individual institutions, however, most of them have not provided the information.
6. In these circumstances, we direct that the institutions/schools from whom the information has been sought by the authorities of the Education Department in respect of the admissions made, shall be supplied to the Director of Education, within a week.
7. The affidavit-in-reply by the State authorities shall be filed within ten days from today. Affidavit/s-in-reply by the newly implemented party/respondents shall also be filed within this period.
8. We make it clear that the State shall file affidavit-in-
reply in PIL No.61 of 2024 which shall be placed in all other
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PIL Petitions/Writ Petitions and shall be treated the reply in all the Petitions. Rejoinder, if any, shall be filed by the petitioners within ten days thereafter.
9. All the intervention applications are disposed of.
10. Post the mater on 11th July 2024, on top of the board.
11. We make it clear that all the parties shall come prepared
so that the matter can be heard and decided finally considering the urgency relating to the admissions.
12. Interim order granted earlier shall continue to operate till the next date of listing.
13. We make it clear that no further applications seeking intervention shall be entertained by the Court for the reason that the institutions/schools which are affected by the impugned Notification and which may be affected even by the outcome of this bunch of petitions, have already been impleaded in their representative capacity.
(AMIT BORKAR, J.) (CHIEF JUSTICE)
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Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors.
State of Maharashtra & Ors.
Aswini Jitendra Kable
Union of India & Ors.
Vidhayak Bharti
Devendra Kumar Upadhyaya
Amit Borkar
As recorded by the court registry
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Judgements on the same questions, provisions and authorities, from every court
