Satara English Medium School Thr. Principal v. State Of Maharashtra Directorate Of Primary Education And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7672 OF 2022 Vivekananda Academy of Human Excellence, Chimangaon, Tal. Koregaon, Dist. Satara through its Principal with WRIT PETITION NO. 7671 OF 2022 Satara English Medium School, Mangalwar Peth, Taluka & Dist. Satara WRIT PETITION NO. 7648 OF 2022 K.S.D. Shanbhag Vidyalaya Daulat Nagar, Taluka & Dist. Satara

with WRIT PETITION NO. 7777 OF 2022 Hindavi Public School, Rashtramata Jijau Colony, Shahupuri, Karanje Turf, Dist. Satara WRIT PETITION NO. 7701 OF 2022 Universal Knowledge School, Varye, Taluka &Dist. Satara WRIT PETITION NO. 7702 OF 2022 Gurukul Primary School, Satara 114-B, Shahu Nagar, Godoli, Taluka &Dist. Satara

WRIT PETITION NO. 7947 OF 2022 Challenge Academy, 811 B/1 Satara Pandharpur Road, Kumthe Koregaon, Dist. Satara Mr. Nitin Kulkarni for the Petitioners in all Petitions. Mr. N.K. Rajpurohit, AGP for Respondent No.1 in WP Nos. 7672/22 and 7671/22 Mr. M.M. Pabale, AGP for Respondent No.1 in WP No. 7648/22, 7777/22, 7701/22, 7702/22 and 7947/22 Mr. Ashok Misal for Respondent Nos. 2 and 3 (Z.P. Satara) in all Petitions.

CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.

DATE : 21 SEPTEMBER 2023 P.C. :- Heard learned counsel for the parties.

2.

All these Petitions which are filed by different Schools in which grievances are made that the Petitioners who are entitled to reimbursement of fees for the students admitted in the quota of 25% prescribed under Right to Education Act, are not being paid accordingly.

3.

The Petitioners have relied upon Section 12 of Right to Education Act. The learned counsel for the Petitioners submitted that inspite of repeated requests the amount admissible to the Petitioners as above has not been paid which is affecting their functioning.

4.

The Respondents will have to scrutinize case of the Petitioner as regards eligibility, quantum and thereafter will have to take necessary steps. Learned AGP on instructions states that cases of each of the Petitioner would be scrutinized within a period of two weeks. So as to ensure that there is no further time sought on behalf of the Respondents, we grant four weeks time to the Respondents. Within this period the case of each of the Petitioner would be scrutinized and the eligibility, quantum be determined by the concerned Respondent. The amount admissible to the Petitioners should be released within a period of 2 weeks thereafter. If the Petitioners are not entitled then the order to that effect be passed. If the Petitioners are aggrieved by total denial or partial disimbursement of the amount claimed by them, it is open to them to take such action as is permissible in law.

5.

With the aforesaid observations and directions, the Petitions are disposed of.

MANJUSHA DESHPANDE, J.

NITIN JAMDAR, J.

JYOTI PRAKASH PAWAR JYOTI PRAKASH PAWAR Date: 2023.10.03 11:31:06 +0530