The bench, comprising Justice S S Dani and Justice B H Marlapalley, is hearing a petition filed on behalf of the two students, who contends that the free education scheme announced by the state government through its resolution dated June 13, 1996, exempts them from paying any school fee.

The petitioner, Arun Ghode, father of the students Bhakti and Shakti, of Class V and Class III of the school, says he is unable to afford the steep fees due to certain financial constraints. Hence, he appealed to the principal to exempt his daughters from paying any fees as envisaged by the state government's `free education for all scheme (from Class I to Class X). The school in question charges Rs 130 per month in the primary section.

However, theprincipal refused to comply, claiming that the scheme was not applicable to the school, which is a minority-run institution. Moreover, since the school is non-aided, it does not fall under the purview of the government resolution. The school refused to re-admit the students for the current academic year.

Ghode, who is pleading his case in person, has held that the principal's refusal amounts to infringement of the constitutional rights of his daughters to seek free education.

The petition states that any primary-secondary school in Maharashtra has to seek prior permission from the state government and conform to all the rules and regulations laid down by it from time to time in respect to fees and syllabus.

Presenting copies of the June 13, 1996, resolution, the petitioner points out that the free education scheme covers all schools irrespective of whether they are aided or non-aided so long as they have been granted recognition by the state government.