Adarsh English Medium School Thr Its Secretary And ORS v. Union Of India Thr Pleader And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2706 OF 2023 Adarsh English Medium School Thr Its Secretary And Ors ...

Petitioners.

V/S.

Union Of India Thr Pleader And Ors ...

Respondents.

.......

Mr.Vaibhav V.Ugle for the Petitioner.

Mr.N.K.Rajpurohit AGP for the Respondent Nos.2 & 3. Mr.Rohit Sakhadeo for the Respondent Nos.5.

.......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE :

25 September 2023.

P.C. :

Heard Learned counsel for the parties.

JYOTI RAJESH MANE This Petition is filed on behalf of 14 schools in different Talukas of two Districts seeking relief regarding reimbursement. by JYOTI RAJESH MANE Date:

2023.10.03 12:57:18 +0530 Such omnibus Petition ought not to be filed which even concerns to Zilha Parishad as each school seeking reimbursement qua the students admitted, stands on different footing for inquiry. In some Jyoti Mane 1 of 3

2 23-wp-2706-23.doc cases it could be some schools which are entitled for refund fully, some partially and some not at all. Faced with this position, the learned counsel for the Petitioners states that Petition will proceed as regards Petitioner No.1 is concerned, as regards the other Petitioners are concerned, we propose to pass a separate order. By order dated 6 June 2023, this Court had directed the Zilha Parishad to decide the representation made by the Petitioners. The learned counsel for Zilha Parishad states that the Respondent - Zilha Parishad has examined the case and has found that Petitioner No.1 is entitled to partial reimbursement. He states that even for an amount that is being partially granted, the funds will have to be provided by the State Government.

We direct the Respondents to take necessary steps in respect of the claim of Petitioner No.1 within a period of four weeks, as regards the amount which according to the Respondent-Zilha Parishad is to be partially reimbursed. As regards the remaining amount which Petitioner No.1 claims, it is open to the Petitioner to take such steps as may be warranted in law.

As regards the other Petitioners i.e. Petitioner Nos. 2 to 14 are concerned, we leave it open to these Petitioners to make a fresh representation to the Respondents, who would follow the same course of action as we have indicated above i.e. to examine each case and release the amount due, to these Petitioners within a period of Jyoti Mane 2 of 3

3 23-wp-2706-23.doc two weeks. If they are not so entitled, or partially entitled, then specific order be issued to each of these Petitioners, leaving it open to them to pursue that cause of action.

Writ Petition is disposed of.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) Jyoti Mane 3 of 3