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Bombay High CourtWP/2967/2002disposed off

Brihan Mumbai Mahapalika Shikshak Sabha v. The State Of Maharashtra And ORS.

2019-07-15Hon'Ble The Chief Justice,Hon'Ble Shri Justice Nitin Jamdar1 pages

(202)-WP-2967-02.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2967 OF 2002 Brihan Mumbai Mahapalika Shikshak Sabha, through its General Secretary Shri. Ramesh Joshi ..Petitioner

Versus

The State of Maharashtra and others ..Respondents None for the Petitioner.

Ms. Geeta Shastri, AGP for Respondent Nos.1 to 3 - State. CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.

DATE : 15th JULY, 2019 P.C.

1] Challenge in the Writ Petition is to a Government Resolution dated 15th July 2002 requiring students in Standard IV to clear a board examination before being admitted to Standard V. 2] With the promulgation of the Right of Children to Free and Compulsory Education Act, 2009, no child can be subjected a board examination till completion of elementary education as per Section 30 thereof.

3] Thus, the Writ Petition is disposed of because the legislation prohibits board examination till completion of elementary education.

N. M. JAMDAR, J CHIEF JUSTICE BGP. 1 of 1