Rajasthani Charitable Trusts Rajasthani Podar Learn School Parali v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:31353-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 WRIT PETITION NO.13456 OF 2025 RAJASTHANI CHARITABLE TRUSTS RAJASTHANI PODAR LEARN SCHOOL, PARALI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. P.N. Kalani, Advocate for petitioner Mr. S.K. Tambe, AGP for respondent Nos.1 and 2 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

12th NOVEMBER, 2025 ORDER :

.

Present petition has been filed for giving directions to respondent Nos.4 and 5 to deposit outstanding amount of fees under The Right of Children to Free and Compulsory Education Act, 2009 in respondent No.6 H.D.F.C. Bank account in Parali (V) Branch and respondent No.6 to be directed to allow/accept the said amount to be deposited by respondent Nos.4 and 5.

Present petitioner had approached this Court by filing Writ Petition No.2349 of 2024, which came to be decided by this Court on 20.03.2024. The claim of the petitioner was directed to be scrutinized within

943_WP_13456_2025 four weeks in the light of directions given in paragraph No.4 in Writ Petition No.7672 of 2022. Petitioner contends that thereafter the amount has been scrutinized by Education Officer (Primary), Zilla Parishad, Beed as per page No.51 (Exh. 'C'). Petitioner says that amount is not deposited in the account of respondent No.6 Bank as there is no KYC document. Learned Advocate for petitioner submits that the petitioner - Trust is unable to submit the KYC document as some of the Trustees are behind the bars in another case. This Court is not concerned with the practical problems of petitioner. In fact, we are unable to understand, as to how the Joint Secretary had the authority to file present petition also, when the petitioner is stated to be the Trust.

Unless there would have been meeting of the Trust members and authorizing the Joint Secretary to act on behalf of Trust the petition would not have been filed. This Court cannot permit a go bye to be given to the procedure though the amount of the school under R.T.E. Act appears to have been crystalized, which was due from the respondents/State. The petitioner is at liberty to undertake the permissible mode as per the Maharashtra Public Trusts Act or any other provision for getting the said amount. Writ Petition, therefore, stands dismissed. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J.