ARUN SHIVAJI CHAVARE Vs. PADMAKAR RAMA CHAVARE
LAWS(BOM)-2014-8-50
HIGH COURT OF BOMBAY
Decided on August 07,2014

ARUN SHIVAJI CHAVARE AND ORS Appellant
VERSUS
PADMAKAR RAMA CHAVARE AND ORS Respondents




JUDGEMENT

Anoop V. Mohta, J. - (1.)Rule. Rule is made returnable forthwith.
Heard finally, by consent of the parties.

(2.)The Petitioner, who is resident of Ghanegaon, Taluka Barshi, District Solapur, has invoked Article 226 of the Constitution of India and also the provisions of The Right of Children to Free and Compulsory Education Act, 2009 (for short, "the Act") and The Right of Children to Free and Compulsory Education Rules, 2010 (for short, "the Rules") and prayed for direction against Respondent Nos. 2 to 6 to grant permission to start VI Standard Class of Zilla Parishad Prathamik (Primary) School at Ghanegaon and also prayed to quash and set aside the Government Resolution dated 2 July 2013 whereby, "Neighbourhood School" principle is reinforced and prayed to allow the Zilla Parishad Prathamik (Primary) School Ghanegaon to run VI Standard Class forthwith.
(3.)By Civil Application No. 1636 of 2014, ApplicantIntervener, an Educational Private Trust (for short, "the private trust"), running secondary school from V to X in Marathi medium which is approved/recognized receiving 100% grant in aid from the Government of Maharashtra, through its headmaster, has filed an Intervention Application opposing the above prayers by contending that the headmaster of the Zilla Parishad School (Respondent No.1) is running the school illegally without any permission/recognition and if the Zilla Parishad (Local Authority) starts school from V Standard, that will result into unhealthy competition, apart from reduction of strength of their VI standard students and there will be loss to the Government Exchequer also.


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