Prakash Shankar Gaikwad v. The Union Of India Through Its Secretary And ORS

JPP 9. PIL 61.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by JYOTI PRAKASH PAWAR Date: 2025.07.04 11:26:04 +0530 JYOTI PRAKASH PAWAR CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 61 OF 2025 Prakash Shankar Gaikwad ... Petitioner V/s.

The Union of India and Ors.

... Respondents _______________________________________ Mr. Vishal Deshmukh i/b. Avdhut Hingne for the Petitioner Ms. Apurva Thipsay, 'B' Panel Counsel for Respondent - State _______________________________________ CORAM : ALOK ARADHE, CJ. AND SANDEEP V. MARNE, J.

DATE : 03 JULY 2025 P.C. :

1.

In this Petition has been filed as Public Interest Litigation, the Petitioner, inter-alia, seeks a direction to private unaided and permanently unaided secondary schools not to collect capitation fee other than the fee prescribed by the Government, from the students who have had elementary education under Right to Education Act, 2009. 2.

We have perused the contents of the Petition. No quantifiable data has been brought to the notice of this Court in the Petition as to which school and from whom such capitation fee was demanded. The Writ Petition is based on assumptions and conjectures in premises. 1/2

JPP 9. PIL 61.2025.doc 3.

At this stage, Mr. Deshmukh, learned Counsel prays for an adjournment on the ground that the arguing Counsel Mr. Hingne is not available on account of personal difficulty.

4.

List after three weeks.

( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE ) 2/2