MOMIN EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties, in view of the urgency expressed.

(2.) Petitioners, minority aided institutions, running only Girls school from 8th standard to 12th standard i.e. Secondary and High Secondary school at Mominpura, Nanded, have challenged Government Resolution dated 20.09.2016 to the extent of granting permission to respondent No.4 to start 8th standard on self finance basis.

(3.) The challenge was raised by relying on Government Resolution dated 02.07.2013 and 28.08.2015, whereby, as submitted, no same standard school within the radius of 3 kms. from the existing schools should be permitted to establish. The submission is also made referring to Section 19 of the Right of Children to Free and Compulsory Education Act, 2009 (Education Act) and Rule 6 of Right of Children to Free and Compulsory Education Rules 2010 (Education Rules) that the 8th standard is available in adjacent petitioners' existing school. Therefore, such extension is contrary to the Act, as well as circulars, so referred above.