Swami Vivekanand Shikshan Prasarak Mandal, And ANR v. The State Of Maharashtra Through Its Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4960 OF 2024 Dudhganga Education Academy, Ispurli & Anr.
WRIT PETITION NO.4959 OF 2024 Dudhganga Education Academy, Ispurli & Anr.
WRIT PETITION NO.6569 OF 2024 Saraswati Shikshan Prasarak Mandal, Basarge & Anr. WRIT PETITION NO.6572 OF 2024 Vyankateshwara Education Society, Kolhapur & Anr. WRIT PETITION NO.6583 OF 2024 Tirupati Balaji Shikshan Prasarak Mandal, Pattankodoli & & Anr.
WRIT PETITION NO. 6566 OF 2024 Bharatmata Shikshan Prasarak Mandal Atigre & Anr.
WRIT PETITION NO.6588 OF 2024 Rajarshi Shahu Rural & Educational Institute, Radhanagari & Anr.
WRIT PETITION NO.6587 OF 2024 Sanjeevan Education Society, Jaysingpur WRIT PETITION NO.6591 OF 2024 Dnyan Prabodhini, Murgud & Anr.
WRIT PETITION NO.6577 OF 2024 Progressive Education Society, Nesari & Anr.
WRIT PETITION NO.6586 OF 2024 Manas Gramin Vikas Prakalp, Kini & Anr.
WRIT PETITION NO.6584 OF 2024 Anand Shaikshnik Samajik Sevabhavin Sanstha, Kalajawade & Anr.
WRIT PETITION NO.6575 OF 2024 Jotirling Vividh Shikshan Prasarak Mandal, Siddhanerli Anr.
WRIT PETITION NO.6570 OF 2024 Dnyankala Shikshan Sanstha, Unchgaon Anr.
WRIT PETITION NO.6582 OF 2024 Swami Vivekanand Shikshan Prasarak Mandal Halkarni-Phata & Anr.
WRIT PETITION NO.6592 OF 2024 St. Xevier's Education Society, Chandgad & Anr. WRIT PETITION NO.6580 of 2024 Shri. Pant Amatya Bal Vikas Vishwasth Nidhi & Anr.
WRIT PETITION NO.6579 OF 2024 Institute of Agriculture Ind. Edu., Radhanagari & Anr.
WRIT PETITION NO. 6589 OF 2024 Adarsh Gurukul Academy Minache & Anr.
WRIT PETITION NO.6578 OF 2024 Karmveer Vitthal Ramji Shinde Shikshan Sanstha & Anr.
WRIT PETITION NO.6571 OF 2024 Adarsh Gurukul Academy Minache & Anr.
WRIT PETITION NO. 6590 OF 2024 Shri. Shankarrao Harel Shikshan Prasarak Mandal, Bidri & Anr.
WRIT PETITION NO.6574 OF 2024 Jay Hanuman Shikshan Prasarak Mandal, Amrutnagar & Anr.
WRIT PETITION NO.6573 OF 2024 The New Education Society, Kolhapur & Anr.
WRIT PETITION NO.6581 OF 2024 Swami Vivekanand Vidya Pratishthan, Hupari & Anr. WRIT PETITION NO.6568 OF 2024
Shri. Sainath Charitable Trust, Pattankodoli & Anr. WRIT PETITION NO.6567 OF 2024 Tirupati Balaji Shikshan Prasarak Mandal, Pattankodoli & Anr.
WRIT PETITION NO.6585 OF 2024 Rajarshi Shahu Shikshan Prasarak Mandal, Ganeshwadi & Anr.
WRIT PETITION NO.6565 OF 2024 The National Society, Kolhapur & Anr.
__________ Mr. Prashant Bhavake for the Petitioners in all the Petitions. Mr. B. V. Samant, Addl. G. P. a/w. Ms. P. B. Chavan, AGP for the Respondent-State.
__________ CORAM :
A. S. CHANDURKAR & JITENDRA JAIN, JJ.
DATE :
8th MAY 2024.
P.C.:
1.
Rule. Rule made returnable forthwith. By consent of the parties, heard finally.
2.
The learned counsel for the Petitioners and the learned Assistant Government Pleader for the Respondent-State submit that the
issue raised in this group of writ petitions is covered by the order of this Court in Writ Petition No.6020 of 2024 and others. Both the learned counsel have agreed that the present petition may be disposed of in terms of the directions issued in the said writ petition. 3.
We have perused the order passed in Writ Petition No.6020 of 2024, wherein similar issue had arisen and this Court followed the directions issued in another Writ Petition No.10681 of 2023. The relevant paragraph 3 of the order dated 2nd May 2024 in Writ Petition No.6020 of 2024 reads thus:- "We have perused the order in Writ Petition No.10681 of 2023, wherein similar issue had arisen and this Court had passed the following order :- Heard learned counsel for the parties.
2 All these petitions which are filed by different Schools in which grievances are made that the Petitioners are entitled to reimbursement of fees for the students admitted in the quota of 25% prescribed under Right to Education Act, though entitled are not being paid.
3 The Petitioners have relied upon Section 12 of Right To Education Act which reads thus:
"Section 12. Extent of school's responsibility for free and compulsory education- (a) specified in sub-clause (I) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein (b) specified in sub-clause (ii)of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five percent, (c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in clause I, to the extent of at least twenty-five percent, of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion." 4 The learned counsel for the Petitioner submitted that inspite of
repeated requests amount admissible to the Petitioner as above has not been paid to the Petitioner. The Petitioners allege that the Central Government has already released grants to the State Government for refund of fees to the 25% quota under the Act. Yet, the amount is not been passed on to the Petitioner which is affecting their functioning.
5 No reply as yet is filed though the petition was adjourned. The learned AGP states that concerned officer is present. 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 State.
6 We grant four weeks time to the State, within this period the case of each of the Petitioner would be scrutinized and the eligibility quantum be determined by the concerned Respondent. The admissible amount to the Petitioner would be released within a period of 2 weeks thereafter. If the Petitioners are not entitled then the order to that effect would be passed. If the Petitioners are aggrieved by total denial or partial dis-imbursement of the amount claimed by them, it is open to them to take such action as has been permissible in law.
7 With the aforesaid observations and directions petitions are disposed of."
4.
Following the aforesaid order, we grant period of eight week's time to the State, within which period the case of each Petitioner would be scrutinized and the eligibility as well as quantum of reimbursement would be determined by the concerned Respondent. The admissible amount of reimbursement to such Petitioner would be released within a period of two weeks thereafter. If any Petitioner is not entitled for any amount of reimbursement, an order to that effect would be passed and such Petitioner would be free to take appropriate steps in accordance with law.
5.
The prayer for grant of interest on the amount to be reimbursed is kept open. The Petitioners are free to pursue the same in accordance with law.
6.
The Writ Petitions are disposed of in above terms. No costs. [JITENDRA JAIN, J.] [A. S. CHANDURKAR, J.] (This order is modified as per speaking order dated 10th May 2024.)