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Bombay High CourtWP/2725/2005dismissedrule discharged

Madhyamam Relief Fund Turst v. State Of Mah And ORS

2016-09-14Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Nitin W. Sambre2 pages

wp2725.05 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2725 OF 2005 Madhyamam Relief Fund Trust, Calicut, through its Director ..PETITIONER

VERSUS

The State of Maharashtra & ors.

..RESPONDENTS Mr V.D. Gunale, Advocate for petitioner;

Mr M.B. Bharaswadkar, Asstt. Government Pleader for respondents no.1 & CORAM : S. V. GANGAPURWALA AND N.W. SAMBRE, JJ.

DATE : 14th September, 2016 ORAL ORDER :

The petitioner has submitted proposal for opening primary school in Urdu medium at village Nandurga Tanda in the year 1998. 2.

Learned A.G.P. submits that the said proposal has become stale. 3.

In view of introduction of the Right of Children to Free and Compulsory Education Act, 2009, the parameters for granting permission to open school have undergone change. The petitioner is now required to comply with the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

wp2725.05 (2) 4.

In view of above, the prayer of the petitioner now cannot be considered.

5.

The petitioner may file a fresh proposal, as may be permissible in law, as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009. In case such proposal is submitted, the respondents shall consider the same, in accordance with the provisions of law and policy as existing.

6.

Writ Petition disposed of. Rule discharged. No costs. (N.W. SAMBRE, J.) (S.V. GANGAPURWALA, J.) amj