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TWENTY-TWO of the Secondary Schools Code, the Minority Language Secondary Schools and the Schools in Tribal Areas are allowed to be opened on grant in aid basis for minimum average attendance in a class with 12 students.

As such, the Minority Language Secondary Schools and the Schools in Tribal, hilly and remote areas are treated at par. As per Proforma-A Class-I of the impugned Govt.

7. Respondent Nos. 1 and 3 filed affidavit-in- reply and opposed the petition. They denied that by issuing Govt. Resolution dated 15th November, 2011, any right of the petitioner has been infringed. According to them, there is no difference in general schools of Marathi medium and the schools of linguistic minority.

They are to be treated at par. The Secondary Schools Code is a compilation of instructions and has no statutory force. The provisions of the Right of Children to Free and Compulsory Education Act, 2009, which has come into force from 1st April, 2010, would supersede the 8 wp9967-2013 provisions of the Secondary Schools Code. It is stated that the petitioners cannot claim that they should be treated at par with the schools run in Hilly, Tribal and Naxalite areas where because of geographical and social reasons, the strength of the students remains very less.

Therefore, they pray that the writ petition may be dismissed.

9 wp9967-2013

9. There is no dispute that the petitioners are the linguistic minority institutions running the schools for imparting education to the children of Muslim community mainly in Urdu medium. The petitioners are governed by the Secondary Schools Code. As per Rule 98 (3) of the said Code, the minimum strength of the students required for opening and continuing a class of primary/secondary school is 15. Relying on the judgment in the case of Shikshan Mandal through the Secretary Dr. R.G. Prabhune and others Vs. State of Maharashtra and others, 2012 (2) Bom.C.R. 875, the learned counsel for the petitioners submits that the provisions of the Secondary Schools Code have statutory status. He cites the judgment in the case of M.G. Pandke Vs. Municipal Council Hinganghat, District Wardha, 1993 AIR S.C. 142 wherein it has been observed in paragraph No. 8 of the judgment that the provisions of the Maharashtra Secondary Education Board Act, 1965 and the Maharashtra Secondary Education Board Regulation, 1966 give statutory recognition to the Secondary Schools Code.

10. As per the norms prescribed in Clause-III of Appendix-TWENTY SECOND of the Secondary Schools Code, the Minority Language Secondary Schools and the Schools in Tribal Areas are treated at par in the matter of minimum average attendance of the students in a class for opening the schools on grant-in-aid basis.