Shri. Amit Mahadeo Tilave v. The State Of Maharashtra Through Secretary And ORS

31-WP-11164-2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11164 OF 2015 Shri Amit M. Tilave ..Petitioner

Versus

The State of Maharashtra & Ors.

..Respondents Mr. P. Bhavake, Advocate for the Petitioner.

Mr. V.M.Mali , AGP for the State.

Mr. Chetan Patil, Advocate for Respondent Nos.4 and 5. Coram : SHANTANU KEMKAR & RANJIT MORE, JJ.

Date : 18th APRIL, 2016.

P. C. :

Parties through their counsel.

At the outset, it has been pointed out by the learned counsel appearing for the Respondent Nos.4 and 5 that view of Rule 20 of the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011, the Petitioner has an alternative and efficacious remedy of challenging the impugned order, annexure 'D' before the School Tribunal. He has supported his contention on the basis of order passed by the Division Bench of this Court in the case of Latika Rajaram Mane v. State of Maharashtra and Ors.1.

[2013(4)Mh.L.J.244 Shivgan 1/2

31-WP-11164-2015.doc Having considered aforesaid preliminary submission made by the learned counsel appearing for the Respondent Nos.4 and 5 and having heard the learned counsel for the Petitioner, we find ourselves in agreement with the submissions made by the learned counsel for the Respondent Nos.4 and 5. In the result, in view of Rule 20 and the law laid down by this Court in Latika R. Mane (Supra), we dispose of this petition with liberty to the Petitioner to approach the School Tribunal.

[RANJIT MORE, J.] [SHANTANU KEMKAR, J.] Shivgan 2/2