Phonix English Medium School Thr. Its Secretary Nagesh Arun Malve v. The Union Of India Thr. Gp And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6796 OF 2024 Phoenix English Medium School, Pandharpur, Dist. Solapur .. Petitioner Vs.

The Union of India and Ors.

.. Respondents Mr. Vaibhav U. Ugle with Mr. Vikas Somawanshi, Ms. Roshan Chavan and Mr. Shubham Varekar, Advocates for the Petitioner. Ms. Kavita N. Solunke, Assistant Government Pleader for the RespondentState of Maharashtra. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 11TH JULY, 2024.

P.C. :

1.

Leave granted to amend the cause-title and correct the description of respondent nos.1 and 5. Amendment be carried out forthwith. 2.

It is submitted by the learned counsel for the petitioner that despite the fact that on 21st February 2024, it was granted permission to conduct classes for 1st Standard to 8th Standard for the period from 1st April 2022 to 31st March 2025, the Education Officer (Primary), Zilla Parishad, Solapur has cancelled the same without granting any opportunity of explanation. It is further submitted by the learned counsel for the petitioner, by referring to the documents under which admissions under the Right to Education 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.07.11 18:12:35 +0530 Dixit SNEHA ABHAY DIXIT 909-WP-6796-2024.doc

Act, 2009 have been given at the petitioner's school, notwithstanding the issuance of the impugned communication dated 29th February 2024. 3.

Issue notice to the respondents, returnable on 25th July 2024. The learned Assistant Government Pleader waives notice for respondent nos.2 and 3.

4.

Till the next date of the proceedings, the impugned communication dated 29th February 2024 shall not be acted upon. It is, however, clarified that this interim direction is at the risk of the petitioner and subject to outcome of the Writ Petition.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 909-WP-6796-2024.doc Dixit