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Showing contexts for: secondary school code in Shri Sadguru Shikshan Prasarak vs The State Of Maharashtra on 7 September, 2010Matching Fragments
(h) Initially provisional recognition shall be granted to the unaided private Secondary/Higher Secondary School, if it fulfils the conditions specified in Act of 2009 and Rule 3.2 of the Code for grant of recognition, as provided in Rule 4.1 of the Secondary Schools Code; and recognition shall be granted to unaided private primary school, if it fulfills the conditions specified in Act of 2009 and Rule 107 of the Rules of 1949, as provided in Section 39 of the Act of 1947 read with Rule 107 of the Rules of 1949.
(m) We further hold that the provisions of the Secondary Schools Code relating to permission under Rules 2.1 to 2.14 of the Code and Rule 106 of the Rules of 1949 to start a school would apply only to the proposals for establishing a school on "grant-in-aid basis or receiving any other aid" from the Government. However, even after grant of permission, such school shall not function or run until the grant of recognition, as per Section 18 of the Act of 2009. Only on this interpretation the constitutional validity of the abovesaid provisions and the opening part of Rule 107(1) of the Rules of 1949 can be saved.
18. It is noticed that in clause (h) of paragraph 82 of the judgment of Division Bench which is quoted hereinabove, it is directed that the grant of provisional recognition, as provided in Rule 4.1 of the Secondary Schools Code, is to be considered. For the purpose of convenience, said clause (h), which would be the first step that the State Govt. will have to take on the pending applications, is again reproduced hereinbelow.
"(h) Initially provisional recognition shall be granted to the unaided private Secondary/Higher Secondary School, if it fulfils the conditions specified in Act of 2009 and Rule 3.2 of the Code for grant of recognition, as provided in Rule 4.1 of the Secondary Schools Code; and recognition shall be granted to unaided private primary school, if it fulfills the conditions specified in Act of 2009 and Rule 107 of the Rules of 1949, as provided in Section 39 of the Act of 1947 read with Rule 107 of the Rules of 1949."