1 WP-7661-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7661 OF 2011 Vikas Shikshan Mandal ...Petitioner Versus The Education Officer, Zilla Parishad, Kolhapur and ors. ...Respondents Mr.S.V.Sadavarte for petitioner. Ms.S.S.Bhende, AGP for resp.nos.1, 3 and 4. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. October 11, 2011. P.C. 1. We have heard Mr.Sadavarte, the learned counsel for the petitioner – Society which has taken exception to the order passed by the Education Officer (Primary), Zilla Parishad, Kolhapur on 14/6/2011. By the said order the Zilla Parishad, Kolhapur has decided to start the 5th standard in its existing primary school at village Sangav where the petitioner is also 2 WP-7661-2011 running a private aided school from 5th to 10th standards. 2. As per the petitioner starting of the 5th standard in the existing Zilla Parishad Primary School would result in unhealthy competition and the major source of students for the petitioner - school would be taken away. Mr.Sadavarte has also relied upon the order passed by this Court on 10th June 2005 in Writ Petition No.6811 of 2004. 3. Article 21A as incorporated in the Constitution of India by the Eighty-sixth Amendment has been brought into force from 1/4/2010 and the Right of Children to Free and Compulsory Education Act, 2009 has also been brought into force from the very same date. It is the responsibility of the State to provide free and compulsory education to the children between the age group of six to fourteen years. With this background if the Zilla Parishad, Kolhapur has decided to add 5th standard to its existing primary school, the order passed by this Court in Writ Petition No.6811 of 2004 cannot be relied upon. It is for the petitioner to improve the quality of education so that it would have adequate number of students joining it even at the 5th standard and in that case the parents may have a choice between the Zilla Parishad school and the school run 3 WP-7661-2011 by the petitioner. We are, therefore, not inclined to interfere in the decision taken by the Zilla Parishad. 4. Petition is rejected. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)