Padmashree Manibhai Desai Shikshan Prasarak Mandal Through Its Secretary v. The Union Of India Through Its Secretary And Others

2024:BHC-AUG:16571-DB 994.WP.8143.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8143 OF 2024 Padmashree Manibhai Desai Shikshan Prasarak Mandal Nalwandi, Tq. & Dist. Beed through its Secretary Dnyaneshwar s/o Dashrath Raut ...

PETITIONER

VERSUS

1.

The Union of India through Secretory Ministry of Education Department of School Education and Literacy, Shastri Bhavan New Delhi 2.

The State of Maharashtra, through its Secretary Department of School Education and Sports Mantralaya,Mumbai 3.

The Finance Department Government of MH, through its Secretary 503, (Main) 5th Floor Mantralya, Madam Kama Road, Mumbai - 400 032 4.

The State of Maharashtra Primary Education Department, Dr. Aani Bezant Road Central Building Pune - 411 001 5.

The Education Officer, Beed Zilla Parishad, Zilla Parishad Office Beed ...

RESPONDENTS ...

Advocate for the Petitioner : Mr. Potdar Eklavya Sandesh Advocate for Respondent No.1 - UOI : Mr. Bhushan Kulkarni AGP for Respondents/State : Mr. R.S. Wani Advocate for respondent No.5 : Mr. P.D. Suryawanshi ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 01.08.2024 1/2

994.WP.8143.24.odt PER COURT:

Issue notices to the respondents for final disposal. Learned advocate Mr. Bhushan Kulkarni waives service for respondent No.1. Learned AGP waives service for respondent Nos.2 and 3. Learned advocate Mr. Suryawanshi waives service for respondent No.5. 2.

The petitioner is the Educational Institute running schools. The petitioner isseeking reimbursement of fees in lieu of admitting 25% students under the provisions of Right of Children to Free and Compulsory Education Act, 2009.

3.

Though the respondent No.1 - Union of India has taken over burden to share some of such reimbursement, essentially, the State authorities respondent Nos.2 to 5 who are supposed to undertake the scrutiny regarding entitlement of such petitioners seeking reimbursement.

4.

In the light of above, the prayers in this petition is innocuous.

5.

The writ petition is disposed of directing the respondent Nos.2 to 5 to immediately undertake scrutiny of the proposal of the petitioner, claiming reimbursement, by undertaking necessary inquiry which shall happen, as expeditiously as possible and to be concluded in any case within six weeks. The petitioner shall be reimbursed to the extent found entitled to after such inquiry within four weeks thereafter. (SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2