w w w . L a w y e r S e r v i c e s . i n



Ashish Patel v/s Edubridge International School Wadilal A Patel Marg, (through the Principal) & Others


Company & Directors' Information:- MARG LIMITED [Active] CIN = L45201TN1994PLC029561

Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- G PATEL & CO PVT LTD [Active] CIN = U24121WB1951PTC019909

Company & Directors' Information:- D B H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1950PTC057209

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- PATEL CORPORATION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70100MH1989PTC050515

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- H G E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U19115UP2011PTC045112

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- H C S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15312PB2012PTC036219

Company & Directors' Information:- L N G INTERNATIONAL LIMITED [Active] CIN = U51909DL1993PLC053438

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- R T S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63022DL1997PTC089328

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- V. S. Y. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035521

Company & Directors' Information:- U M I INTERNATIONAL LTD [Strike Off] CIN = U51909WB1990PLC049671

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- D. J. INTERNATIONAL LIMITED [Strike Off] CIN = U65910MH1999PLC119298

Company & Directors' Information:- PATEL INTERNATIONAL LIMITED [Amalgamated] CIN = U99999MH1988PLC046135

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- J M INTERNATIONAL PVT LTD [Active] CIN = U45201WB1991PTC050829

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- N H B INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U67190MH1997PTC107387

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- A & F INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U00265KA1995PTC018998

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- H P AND B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50500DL1999PTC100851

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- J. J. PATEL & CO. PRIVATE LIMITED [Active] CIN = U29222GJ2013PTC073851

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- PATEL INDIA PRIVATE LIMITED [Active] CIN = U29299MH1946PTC005012

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- S. S. N. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29306DL1981PTC012616

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- U D PATEL AND COMPANY PRIVATE LIMITED [Active] CIN = U28920MH1956PTC009800

Company & Directors' Information:- A H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U55101RJ2021PTC073171

Company & Directors' Information:- K. PATEL & CO. PRIVATE LIMITED [Active] CIN = U45200MH1973PTC017100

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- PATEL INDIA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U70101TN1995PTC032080

Company & Directors' Information:- R A R E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U31900DL2005PTC134395

Company & Directors' Information:- A SCHOOL INDIA PRIVATE LIMITED [Active] CIN = U80211TN2011PTC079455

Company & Directors' Information:- D I D INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U28112MH2014PTC258750

Company & Directors' Information:- S R A INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1980PTC010389

Company & Directors' Information:- A J PATEL PRIVATE LIMITED [Active] CIN = U28100MH1942PTC003708

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- C PATEL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U51500MH1973PTC016751

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- PATEL CORPN PVT LTD [Strike Off] CIN = U51900MH1949PTC007835

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- A P M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095953

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- R I K INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC283801

Company & Directors' Information:- Y & H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63000DL2014PTC266649

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

Company & Directors' Information:- PATEL LIMITED [Dissolved] CIN = U99999MH1919PTC000657

Company & Directors' Information:- C. PATEL AND COMPANY LIMITED [Dissolved] CIN = U99999MH1946PLC007580

Company & Directors' Information:- PATEL AND CO. LTD. [Dissolved] CIN = U99999MH1948PLC006770

Company & Directors' Information:- PATEL AND COMPANY LIMITED [Dissolved] CIN = U99999MH1979PLC010769

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

Company & Directors' Information:- B C I INTERNATIONAL LIMITED [Strike Off] CIN = U74900DL1977PLC008468

    Writ Petition No. 624 of 2021

    Decided On, 05 August 2021

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE R.D. DHANUKA & THE HONOURABLE MR. JUSTICE R.I. CHAGLA

    For the Petitioner: C. R.Sadasivan a/w. Anup Dhannawat, Advocates. For the Respondents: R1 & R2, Pradeep Bakhru, a/w. Upasana Vasu i/b. M/s. Wadia Ghandy & Co., Milind More, Advocates, Additional Government Pleader.



Judgment Text


(Through Video Conference)

R.D. Dhanuka, J.

1. Rule. Learned A.G.P. waives service for the respondent nos. 3 and 4. Mr.Bakhru, learned counsel for the respondent nos. 1 and 2 waives service. By consent of parties, writ petition is heard finally.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for an order and directions against the respondent nos. 1 and 2 to forthwith grant admission to his son, Master Rasesh Ashish Patel as per the allotment letter issued to the petitioner by the competent authorities under the Right to Education Act, 2009 in Standard I during the academic year 2020-21 or 2021-22.

3. The petitioner’s son was issued a certificate of disability of persons with autism by Nair Hospital on 16th October, 2018. Sometime in the year 2019, he petitioner applied for online admission of his son under the Right to Education Act, 2009.

4. On 10th April, 2019, the respondent nos. 3 and 4 issued a letter of allotment under the provisions of Right to Education Act, 2009 thereby granting admission to the petitioner in the respondent no.1 school for the 1st standard English Medium. It was clearly provided that the applicant was to verify the documents before the committee between 11th April, 2019 to 26th April, 2019. It is the case of the petitioner that the competent authority vide letter dated 11th April, 2019 informed the respondent no.1 school directing the said school to grant admission to the petitioner under the provisions of Right to Education Act, 2009 in the said school after verifying the documents submitted before the committee.

5. The petitioner made a representation to the Maharashtra State Commission for Protection of Child Rights. Vide letter dated 14th October, 2019, the Maharashtra State Commission for Protection of Child Rights addressed a letter to the Education Inspector inviting his attention to the provisions of Right to Education Act, 2009 and directing the local Grievance Settlement Committee for redressal of the complaint at the local level.

6. The petitioner thereafter made a representation to the Education Department vide letter dated 19th August, 2019 informing that though the petitioner had visited the respondent no.1 school in the month of August 2019, the Administrative Officer of the school refused to grant admission to the petitioner inspite of the letter of allotment issued by the authority. The petitioner thus filed this writ petition.

7. Mr.Sadasivan, learned counsel for the petitioner invited our attention to various documents annexed to the petition and would submit that the respondent no.1 had included its name on the portal under the Right to Education Act, 2009 and based on the name having appeared on the portal, the competent authority had directed the respondent no.1 to grant admission to the petitioner under the 25% reservation under the Right to Education Act, 2009 as far back as on 10th April, 2019. He submits that though the petitioner had approached the respondent no.1 school, no admission was granted to the son of the petitioner by the respondent no.1.

8. It is submitted that the directives issued by the Education Officer to grant admission under the 25% quota under the provisions of Right to Education Act, 2009 is binding on the respondent no.1.

9. Mr.Bakhru, learned counsel for the respondent no.1 on the other hand would submit that the petitioner is not entitled to be admitted in the respondent no.1 school on the ground that the respondent no.1 being a minority unaided educational institution managed by the respondent no.2 which is a public charitable trust. He submits that the respondent no.2 had applied to the Government of Maharashtra, Minorities Development Department under the provisions of the National Commission for Minority Educational Institutions Act, 2004 for the status of Minority Educational Institution within the meaning of section 2(g) of the said Act. The Government of Maharashtra has conferred the respondent no.2 with the status of the minority educational institution within the meaning of section 2(g) of the said Act vide certificate dated 17th February, 2020.

10. It is submitted by the learned counsel that the provisions of Right to Education Act, 2009 does not apply to the minority educational institution under the provisions of the National Commission for Minority Educational Institutions Act, 2004. It is submitted that though the State of Maharashtra had granted certificate in favour of the respondent no.2 granting status of minority educational institution on 17th February, 2020, the said status would relate back to the date of incorporation of the said institute. In support of this submission, learned counsel invited our attention to the paragraph (6) of the affidavit in reply and would rely upon the authorities cited therein.

11. A perusal of the record indicates that the respondent no.2 has been granted certificate of ‘minority educational institution’ within the meaning of section 2(g) of the National Commission for Minority Educational Institutions Act, 2004 on 17th February, 2020. It is not in dispute that the respondent nos.1 and 2 were issued a letter in favour of the petitioner for granting admission to the son of the petitioner in the respondent no.1 school much prior to the date of such certificate dated 17th February, 2020. The respondent nos. 1 and 2 were thus required to comply with the said directives issued by the competent authority within the time prescribed therein which was much prior to the said date of the said certificate issued in favour of the respondent no.2 institute under the provisions of National Commission for Minority Educational Institutions Act, 2004.

12. The respondent nos. 1 and 2 having committed default in not complying with the directives issued by the Education Department before the date of obtaining such certificate dated 17th February, 2020 cannot be allowed to now urge that such certificate having been issued subsequently, the default already committed by them stood condoned.

13. Upon raising a querry upon the learned counsel for the respondent nos. 1 and 2 whether any other students had been admitted by the respondent nos. 1 and 2 prior to the date of obtaining such certificate dated 17th February, 2020 under the provisions of the Right to Education Act, 2009, learned counsel fairly on instructions states that four students were admitted prior to 17th February, 2020 based on the directives issued by the Education Department under the provisions of the Right to Education Act, 2009.

14. Upon raising further querry with the learned counsel that if the respondent nos. 1 and 2 would have complied with the directives issued by the competent authority prior to the date of 17th February, 2020 for the academic year 2019-20 as directed by the Education Department, whether the respondent nos. 1 and 2 could have cancelled the admission of the son of the petitioner. learned counsel for the respondent nos. 1 and 2 could not dispute that the respondent nos. 1 and 2 could not have cancelled the admission once granted to the petitioner on the ground of minority status granted subsequently.

15. In our view, the respondent nos. 1 and 2 cannot be allowed to take advantage of such certificate obtained after committing default in complying with the directives which were already issued much prior to the date of such certificate. The disobedience of the directives issued by the Education Department cannot be condoned by obtaining certificate as minority education institution subsequently.

16. Insofar as submission of the learned counsel for the respondent nos. 1 and 2 that the name of the respondent no.1 was included on the portal by the authority on the premise that the respondent no.2 was not conferred with any such minority status at that point of time is concerned, we are inclined to accept the submission made by the learned counsel for the petitioner that the name of the respondent no.1 was included on the portal not by the Education Department but by the respondent no.1 on its own.

17. A perusal of the medical certificate annexed by the petitioner at page 21 indicates that

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the recommendations made by the Department of Psychiatry is that the son of the petitioner should continue in a regular school with various further advise. 18. We accordingly direct the respondent nos. 1 and 2 to comply with the directives issued by the Education Department on 11th April, 2019 annexed at page 25 read with letter dated 10th April, 2019 and to grant admission to the son of the petitioner, Master Rasesh Ashish Patel in the respondent no.1 school within one week from today on the petitioner complying with the other legal requisitions, if any. 19. Learned counsel for the respondent nos. 1 and 2 prays for stay of the operation of this order. Application for stay is rejected. 20. Writ petition is disposed of in the aforesaid terms. Rule is made absolute in the aforesaid terms. No order as to costs. 21. The parties to act on the authenticated copy of this order.
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