Sanjeevan English Medium School Thr Its Principal v. The State Of Maharashtra Through Its Prin. Secretary, School Edu. Dept. And ORS
1 34-wp 10681-23 & 18 ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10681 OF 2023 Jesus English Medium School Thr Its Principal WRIT PETITION NO. 10685 OF 2023 Genius English Medium School Thr Its Principal WRIT PETITION NO. 10695 OF 2023 Sanjeevan English Medium School Thr Its Principal WRIT PETITION NO. 10697 OF 2023 Anand Gurukul English Medium School Thr Its Principal JYOTI RAJESH MANE JYOTI RAJESH MANE Date: 2023.09.25 16:54:54 +0530 Jyoti Mane 1 of 8
2 34-wp 10681-23 & 18 ors.doc WRIT PETITION NO. 10698 OF 2023 Tatyasaheb Kore English Academy Warananagar Thr Its Principal WRIT PETITION NO. 10736 OF 2023 Vakratund English Medium School Rashivade WRIT PETITION NO. 10700 OF 2023 Rajveer Public School WRIT PETITION NO. 10705 OF 2023 Little Flower English Medium School Jyoti Mane 2 of 8
3 34-wp 10681-23 & 18 ors.doc WRIT PETITION NO. 10702 OF 2023 Bote English Medium School Kapshi Thr. Its Principal WRIT PETITION NO. 10707 OF 2023 Anandrao Patil Chuyerkar English Medium School WRIT PETITION NO. 10733 OF 2023 Sou. Ambubai Patil English Medium School Thr. Its Principal WRIT PETITION NO. 10709 OF 2023 Brillant English Medium School Jyoti Mane 3 of 8
4 34-wp 10681-23 & 18 ors.doc WRIT PETITION NO. 10735 OF 2023 Gurukul Vidyalay And Junior College Chokak Thr.
Its Principal WRIT PETITION NO. 10739 OF 2023 Genius Public School, Bhuyewadi Through Prin.Mrs.Sanjeevani Manik Patil ...
WRIT PETITION NO. 10738 OF 2023 Smile English Medium School Shirgaon Thru Prin. Mrs. Sarika Sanjay Jadhav WRIT PETITION NO. 10741 OF 2023 Aadarsh English Medium School Thr Its Principal Jyoti Mane 4 of 8
5 34-wp 10681-23 & 18 ors.doc WRIT PETITION NO. 10742 OF 2023 Klavya English Medium School , Ichalkaranji Thru Principal Mr. Sachin S Naik WRIT PETITION NO. 10743 OF 2023 Deep English Medium School Dundage Thor. Its Principal, Mr. Laxman Krishna WRIT PETITION NO. 10744 OF 2023 Jyotirling English Medium School Sirase .......
Mr.Aditya S. Raktade for the Petitioner.
Mr.N.K.Rajpurohit AGP for the Respondent Nos.1,3,4 & 5. .......
Jyoti Mane 5 of 8
6 34-wp 10681-23 & 18 ors.doc CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.
DATE : 20 September 2023.
P.C. :
Heard learned counsel for the parties.
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.
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 per cent, (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, clildren belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory Jyoti Mane 6 of 8
7 34-wp 10681-23 & 18 ors.doc elementary education till its completion."
The learned counsel for the Petitioner submited 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.
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. 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 Jyoti Mane 7 of 8
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With the aforesaid observations and directions petitions are disposed of.
(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) Jyoti Mane 8 of 8