Ashish Chaman Fulzele And Others v. State Of Maharashtra, Thr. Prin. Secretary, School Education And Sports Dept., Mumbai And ORS.

(1) 48PIL17.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR PUBLIC INTEREST LITIGATION NO.17/2026 Ashish Chaman Fulzele and Ors. .Vs. State of Maharashtra and Ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms Jayna Kothari, Senior Advocate assisted by Ms Payal Gaikwad, Mr. Dipankar Kamble and Mr. Swapnil Sakhare, Advocates for petitioners. Mr. Shishir M. Uike, Addl. G. P. for respondents. Mr. Bodhi Ramteke, Advocate for intervenor.

CORAM :

ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ.

DATE :

MARCH 16, 2026.

Mr. Dipankar Kamble, learned counsel for petitioners, tenders apology for not pointing out to the Court on previous date the contents of documents, which the petitioners have relied upon, which ultimately resulted into imposing costs of Rs.25,000/- on the petitioners. The counsel submits that the amount of Rs.25,000/- will be deposited in the account as directed by the Court. 2.

The apology is accepted.

3.

In response to our previous orders, learned A.G.P. has tendered across the bar communication made by Director of Education (Primary), Maharashtra State, Pune, saying that 95% to 97% of the students will get admission in private unaided schools if criteria of 3 Km. is applied. He has further stated that if 100% students are not accommodated for admission in private unaided schools within the distance of 3 Km., those students who are not admitted will be given admission to the private unaided schools situated beyond the distance of 3 Km.

4.

The communication is taken on record and marked "X" for identification.

5.

In our view, this communication runs contrary to what we have stated in our order dated 12.03.2026, wherein we had directed respondents to remove restriction of distance. We, accordingly, direct

(2) 48PIL17.26 respondents to act in accordance with the provisions of the Right of Children To Free and Compulsory Education Act, 2009 read with our order dated 12.03.2026.

6.

At this stage, learned counsel for the petitioners submits that the admission portal is not yet open.

7.

Respondents shall take corrective measures and make admission portal functional immediately.

8.

Stand over to 17.03.2026 at 02:30 p.m.

9.

All concerned to act on uploaded copy of the order. Civil Application No.231/2026 This is an application filed for intervention. Learned A.G.P. seeks time to file reply. Granted.

2.

Stand over to 17.03.2026.

(JUDGE) (JUDGE) Kahale