LAWS(BOM)-2016-9-146

FEDERATION OF LINGUISTIC & RELIGIOUS MINORITY EDUCATION INSTITUTIONS & ORS Vs. STATE OF MAHARASHTRA & ORS

Decided On September 19, 2016
Federation Of Linguistic And Religious Minority Education Institutions And Ors Appellant
V/S
STATE OF MAHARASHTRA AND ORS Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Rule. With the consent of and at the request of the learned counsel for the parties, Rule is made returnable forthwith.

(3.) The challenge in this petition is to the rejection of the proposals submitted by the petitioner nos. 2 to 12 for commencing a Minority Unaided Primary English School. The communication dated 31 October 2013 (at page 139 of paper book) addressed to one of the petitioners is placed on record. The learned counsel for the petitioners states that same communications have been addressed to the remaining petitioners except the petitioner no. 1. The petitioner no. 1 is a Federation of Linguistic & Religious Minority Education Institutions, which is established to espouse the cause of Religious and Linguistic Minority Education Institutions. The communication dated 31 October 2013 makes reference to the Government Circular dated 30 August 2013 (Exhibit 'G' at page 134 of the paper book), which clarifies that the proposals received in pursuance of the earlier circular dated 28 August 2010 will not be considered or will be rejected, since, the circular dated 28 May 2010 does not survive in view of the provisions of Right of Children to Free & Compulsory Education Act, 2009 (hereinafter referred to as the "RTE"), which came into force with effect from 1 April 2009.