Shree Chanakya Education Society Thr ... vs Akhil Bharatiya Samajwadi Adhyapak ...
2024 Latest Caselaw 23799 Bom

Bombay High Court

Shree Chanakya Education Society Thr ... vs Akhil Bharatiya Samajwadi Adhyapak ... on 13 August, 2024

Author: Amit Borkar

Bench: Amit Borkar

2024:BHC-AS:32478-DB
                                                                          8-rpw107-2024 & connected.doc


                             AGK

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                             REVIEW PETITION NO.106 OF 2024
                                                            IN
                                         PUBLIC INTEREST LITIGATION NO.61 OF 2024

               Digitally
               signed by
               ATUL
                             Shewantabai and Shankarrao
      ATUL     GANESH
      GANESH   KULKARNI
      KULKARNI Date:
               2024.08.14
                             Foundations Vishwajyot High School
               10:13:46
               +0530
                             through Principal Aniket Salunkhe         ... Petitioner
                                        V/s.
                             Akhil Bhartiya Samajwadi
                             Adhyapak Sabha & Ors.                     ... Respondents

                                                           WITH
                                             REVIEW PETITION NO.107 OF 2024
                                                            IN
                                         PUBLIC INTEREST LITIGATION NO.61 OF 2024

                             Global Achievers School,
                             through Principal                         ... Petitioner
                                        V/s.
                             Akhil Bhartiya Samajwadi
                             Adhyapak Sabha & Ors.                     ... Respondents

                                                           WITH
                                             REVIEW PETITION NO.108 OF 2024
                                                            IN
                                         PUBLIC INTEREST LITIGATION NO.61 OF 2024

                             Amanora School, through
                             Director Principal Meera Nair             ... Petitioner
                                        V/s.
                             Akhil Bhartiya Samajwadi
                             Adhyapak Sabha & Ors.                     ... Respondents

                                                           WITH
                                             REVIEW PETITION NO.110 OF 2024
                                                            IN
                                         PUBLIC INTEREST LITIGATION NO.61 OF 2024




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                                                            8-rpw107-2024 & connected.doc


 Akruti Kalayani Charitable Trust
 the Kalyani School, through its
 Principal                                              ... Petitioner
            V/s.
 Akhil Bhartiya Samajwadi
 Adhyapak Sabha & Ors.                                  ... Respondents

                               WITH
              REVIEW PETITION (ST.) NO.23015 OF 2024
                                IN
             PUBLIC INTEREST LITIGATION NO.61 OF 2024
                          (Not on Board)

 ShreeChanakya Education
 Society & Anr.                                         ... Petitioner
            V/s.
 Akhil Bhartiya Samajwadi
 Adhyapak Sabha & Ors.                                  ... Respondents



 Mr. Nilesh Patil withMs. Shraddha Pawar i/by Team
 Justice League, for review petitioner in all other
 review petitions.
 Mr. Arvind Kothari with ms. Bijal Vora and Mr.
 Akshay Arorai/by Parinam Law Associates for the
 petitioner in RPWST/23015/2024.
 Mr. Mihir Desai, Senior Advocate i/by Ms. Devyani
 Kulkarni for respondent No.1 in PIL/61/2024.
 Mrs. Madhuri J. Gamre i/by Pritesh                             Burad
 Associates for the respondents in all RPW.
 Mr. P.P. Kakade, Government Pleader with Mr. O.A.
 Chandurkar, Additional G.P. and Mrs. G.R.
 Raghuwanshi, Additional G.P.for respondent Nos.5
 & 6 - State.


            CORAM              : DEVENDRA KUMAR UPADHYAYA, CJ &
                                 AMIT BORKAR, J.

            DATED              : AUGUST 13, 2024






                                                                8-rpw107-2024 & connected.doc


 P.C.:

1. Heard the learned counsel for the parties.

2. These review applications moved by some privately managed unaided schools only seek a clarification that the affiliating/recognizing bodies, such as Central Board of Secondary Education, Indian Certificate of Secondary Education, Maharashtra State Education Boards and other like bodies shall also be bound by the final judgment and order dated 19 July 2024.

3. We do not see any reason why the affiliating/recognizing bodies will not be bound by the said judgment dated 19 July 2024. In our opinion, in making admissions only for the current academic year 2024-2025, in excess of the strength, that too in class-I, these affiliating/recognizing bodies can not have any objection of any nature keeping in view the facts and circumstances in which directions in paragraph 77 of the judgment dated 19th July, 2024 have been issued.

4. All the review applications are disposed of with aforesaid observations.

      (AMIT BORKAR, J.)                                            (CHIEF JUSTICE)