Zillurrahman Shaikh S/O. Abdul ... vs The State Of Maharashtra
2021 Latest Caselaw 6864 Bom

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   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       ORDINARY ORIGINAL CIVIL JURISDICTION

                 WRIT PETITION (L) NO.7923 OF 2021

 Zillurrahman Shaikh s/o Abdul
 Rab Shaikh                                                 ...Petitioner

       V/s.
 The State of Maharashtra                                   ...Respondent

                                      ----

 Mr. Abdul Rab Shaikh, Father of the Petitioner present in person.
 Mr. Kedar Dighe, AGP for the Respondent.
                              ----

                               CORAM : NITIN JAMDAR AND
                                       C. V. BHADANG, JJ.

DATE : 29 APRIL 2021.

(Through Video Conferencing)

P. C.

. The core issue raised in this petition is whether the Petitioner would be considered as completing six years on the relevant date.

2. We have perused the provisions of the Right to Education Act, 2009 and the Rules framed by the State of Maharashtra thereunder. Parties have filed their written submissions. We have perused the judgments placed on record. The issue raised by the Petitioner is arguable.

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3. The Petition first appeared on 23 March 2021 and thereafter various orders have been passed. We are informed that the classes would commence from 15 June 2021. Considering the fact that the court is only taking up petitions that are extremely urgent in view of the SOP issued, it is not possible to take up the petition for final hearing. However, to avoid an eventuality that even after we hold that the Petitioner is eligible, on the ground that the admission process is closed the Petitioner should not lose out, we direct that the Petitioner be taken on the list provisionally and further steps be taken in respect of such inclusion, subject to the outcome of this petition.

4. List the Petition on 7 June 2021 under the caption "For Directions".

 (C. V. BHADANG, J.)                            (NITIN JAMDAR, J.)