1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 525 OF 2009 IN PUBLIC INTEREST LITIGATION NO. 2752 OF 1999 Forum For Fairness In Education & Ors. ... Petitioners Vs. State of Maharashtra & Anr. ... Respondents Mr. Bhagvanji Raiyani, Petitioner No.2 in person present. Mrs. S.M.Dandekar, AGP, for respondent No.1. Mr. Vishesh Malviya i/b. M/s. Federal & Rashmikant, Advocates, for respondent No.3. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 24th February, 2010. P.C. 1. This Court had dismissed the petition on the ground that during the pendency of the petition, the Maharashtra Pre-School Centres (Regulation of Admission) Act, 1996 had been repealed. 2. We have perused the prayer clause. We find, apart from the issues which may arise pertaining the pre-schools’ admissions, the petitioners have also prayed for the issue pertaining to donations under the provisions of the 2 Prohibition of Capitation Fee Act, 1987. At least to that extent, the petition even if the earlier referred to Act has been repealed, would have survived. 3. In the light of that, Motion is made absolute in terms of prayer clause (a). Petition is restored to file. (J.H.BHATIA,J.) (F.I.REBELLO,J.)