LAWS(SC)-2008-1-9

SUPERSTAR EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

Decided On January 16, 2008
SUPERSTAR EDUCATION SOCIETY Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the appellants and learned counsel for the State of Maharashtra (Respondent Nos.1, 2 and 3).

(2.) In the State of Maharashtra, there are three categories of schools - Marathi Medium Schools, English Medium Schools, other non-Marathi Medium Schools. Some schools in all three categories are established by religious or linguistic minority groups. Establishment of new Primary, Secondary and Higher Secondary Schools are governed by respective Education Codes.

(3.) In the year 2000 a Public Interest Litigation was filed in the Bombay High Court complaining that large number of schools were being started in the State without following any norms. A Division Bench of the Bombay High Court considered the matter in Gramvikas Shikshan Prasarak Mandal vs. The State of Maharashtra and Ors., AIR 2000 Bombay 437). By judgment dated 11-4-2000, the High Court directed the State Government to prepare a Master Plan, for granting permission to the Primary, Secondary and Higher Secondary Schools during 2000-2010, by reviewing and updating the existing State policies and schemes and by incorporating the guidelines suggested by the High Court, in its judgment. The decision clarified that the master plan will be only for Marathi Medium Schools. As regards English Medium Schools and other non-Marathi Medium Schools, no directions were issued. It was also stated that schools established by religious or linguistic minorities will not be governed by the proposed Master Plan.