Case Note & Summary
The Petitioners, various unaided schools including minority schools, filed writ petitions before the High Court of Bombay challenging Government Resolutions dated 23 July 2015 and 21 January 2015, and a Circular dated 13 April 2015, issued by the State of Maharashtra and its education authorities. These resolutions and circulars pertained to admissions under the 25% quota for disadvantaged groups and weaker sections as mandated by Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009. The Petitioners sought quashing of these instruments, arguing they were illegal, vague, and violative of Article 14 of the Constitution, and that they contravened the statutory requirement that only children from the neighbourhood meeting all three conditions (weaker section, disadvantaged group, neighbourhood) be recommended for admission. They also sought a direction to constitute the State Advisory Council under Section 34 of the Act. The State and other respondents opposed the petitions. Multiple connected writ petitions and public interest litigations were heard together by a Division Bench of Justices Anoop V. Mohta and V. L. Achliya. The court heard arguments and reserved judgment on 6 August 2015, pronouncing it on 14 August 2015. The full text of the judgment, including the court's findings and order, is not available in the provided excerpt.
Issue of Consideration
Whether the Government Resolutions dated 23 July 2015 and 21 January 2015 and the Circular dated 13 April 2015 are valid and compliant with Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009, particularly regarding the conditions of belonging to weaker section, disadvantaged group, and neighbourhood; and whether the State Advisory Council under Section 34 of the Act should be constituted before issuing such resolutions.
