JUDGEMENT

- (1.)This appeal has been listed before this Court as special assigned case by the Chief Justice in the event of difference of opinion in regard to vacation of interim order granted by the Court earlier in writ appeal.
(2.)The appellant school is being managed by a society registered under the provisions of M.P. Societies Registrikaran Act, 1973, filed a petition against the circular dated 20/02/2014. By the aforesaid circular the School Education Department directed all the District Education Officers to ensure that the Schools who have been imparting pre-school education and admitting children in Pre- school classes would also comply the provisions of Right of Children to Free and Compulsory Education Act, 2009 and are under obligation to admit the children of weaker sections from Nursery to UKG.
(3.)The writ court dismissed the writ petition by holding that the Act of 2009 is also applicable in pre-school education. Against the order of writ court an appeal was filed and Division Bench granted interim stay initially. The State filed an application for vacation of stay order. There was difference of opinion between two judges. Justice P.K. Jaiswal dismissed the application of vacating stay filed by the State by observing that the Act of 2009 would not be applicable in regard to the admission of children in pre- elementary education i.e. pre- primary classes and upto that extent the notification issued by the government was stayed. Justice Mrs. S.R. Waghmare allowed the application of vacating stay by holding that the Act of 2009 is applicable to pre nursery to pre-school education also.
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