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aid basis to seek any permission to establish a school from the State Government. On this being pointed out to the Petitioners before the Division Bench, it was submitted on behalf of the Petitioners that the finding recorded by the Division Bench, in its judgment in Writ Petition No.345 of 2010 that no permission is required to be obtained from the State Government for establishing a school, cannot be said to be a correct finding. It was submitted that even according to the Division Bench which passed the order in Writ Petition No.345 of 2010 it is necessary for every school to obtain recognition from the department. It was submitted that recognition to a school can be given according to the provisions of the Schools Code and according to the provisions of the Schools Code it is only a school which has been permitted by the State Government to be established can apply for such recognition. In other words, a school which has not been permitted by the State Government to be established cannot apply for recognition. It appears that the submission was made that the Division Bench which issued the directions did not consider the 6 Wp6727.10 provisions of the School Code. When the Division Bench issued the aforesaid directions and when the Reference to a Larger Bench was made, though the Rights of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "Rights to Education Act" for the sake of brevity) had come into force, Rules under that Act were not yet framed. Ultimately, during the pendency of this Reference Rules called "Maharashtra Right to Children to Free and Compulsory Education Rules, 2011" came into force. The Rights to Education Act and the Rules framed thereunder apply to a child of the age of 6 to 14 years. Therefore, it can be said that so far as the subject of establishment and recognition of Primary Schools are concerned, it is now governed by the provisions of the Rights to Education Act and the Rules framed thereunder and so far as establishment of Secondary School are concerned, it is governed by the provisions of the Secondary Schools Code. It is an admitted position before us that the Right to Education and the Rules framed thereunder and the Secondary Schools code apply to the entire State of Maharashtra.

3. Question No.1, which has been referred to us relates to the controversy whether the Secondary Schools Code has acquired statutory force because of reference made to the 7 Wp6727.10 provisions of the Secondary Schools Code in the Regulations framed under the Maharashtra Secondary and Higher Secondary Education Boards Regulations, the M.E.P.S. Act. This question has to be considered in the light of the judgment of the Supreme Court in the case of M.G.Pandke v/s. Municipal Council Hinganghat, 1993 Supp(1) SCC 708. Perusal of the judgment of the Supreme Court in the case of M.G.Pandke shows that it was an admitted position before the Supreme Court that the Secondary Schools Code by itself is not statutory and is in the nature of executive instructions. However, it was found that because of the provisions of the Regulations framed under the Boards Act, the provisions of the Schools Code are binding. Contention No.1 raised before the Supreme Court, which is referred to in paragraph 12 reads as under:

"2. With regard to the Question No.(i), I say that the judgment of the Hon'ble Court Apex Court in the case M.G.Pandke Vs. Municipal Council, Hinganghat, the provisions of Secondary Schools Code have statutory status in view of the provisions of Maharashtra Secondary Education Board Regulations, 1966 (Maharashtra Regulations) framed under Section 37 of the said Act. This position in law 10 Wp6727.10 is binding on everybody. In the light of this Judgment, I submit that the provisions of Secondary Schools Code have statutory status. The State Government is actively considering to constitute a Committee to update the provisions of Secondary Schools Code. At that time, providing express statutory status to the Code shall be considered."

12. So far as Question No.(vi) is concerned, it is common ground before us that now establishment and recognition of Secondary School will be governed by the provisions of the 16 Wp6727.10 Secondary Schools Code, which we have held to be binding on all recognised schools, and therefore, recognition to the schools will be governed by that Code and it is clear from the provisions of the Secondary Schools Code that it is only those schools which have been permitted by the Government to establish can apply for recognition. Therefore, it is necessary for the person who wants to establish a Secondary School to apply to the Department for permission to establish a school.