Om Shri Laxmi-Narayan Vidya Mandir, Nagpur Thr. Head Mistress, Priya Shishir Bhure And Others v. The State Of Maharashtra, Thr. Secretary Dept., Mumbai And Others

2023:BHC-NAG:14981-DB WP.2819.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

WRIT PETITION NO. 2819/2021 Om Shri Laxmi-Narayan Vidya Mandir and others .. Petitioner/s versus The State of maharashtra and others ..Respondents ............................................................................................. Mr.B.G.Kulkarni, Advocate for the petitioner/s Mr.A.S.Ashirgade, Addl. Govt.Pleader for Respondent Nos. 1, 3 to 5 Ms. B.P.Maldhure,Adv.for Respondent No.6 Mr S.D.Zoting, Advocate for Respondent No.8 Mr. N.S.Deshpande, DSGI for Respondent No.9 ............................................................................................. CORAM: DEVENDRA KUMAR UPADHYAYA, CJ.

AND A.S.CHANDURKAR, J.

DATE : 16th October 2023.

PC:

Heard Shri B.G.Kulkarni, the learned counsel for the petitioners; Shri S.A. Ashirgade, learned Add.Govt.Pleader for respondent nos. 1,3 to 5 and Shri N.S.Deshpande, learned DSGI for respondent no.9.

2.

This writ petition has been filed with the assertion that the petitioners-institutions are entitled to reimbursement of fees for students admitted with in the quota of 25% as per the provisions of Right of Children to Free & Compulsory Education Act, 2009. However, as per their entitlements, the petitioner-institutions have not been reimbursed the said

WP.2819.21 amount.

3.

An order passed by the coordinate Bench of this Court dated 21.09.2023 has been produced before us in Writ Petition No. 7672/2022 (Vivekanand Academy of Human Excellence vs. State of Maharashtra and others) and other connections petitions, wherein the respondents have been directed to scrutinise the case of the petitioners regarding eligibility and quantum of the amount to be reimbursed. 4.

Accordingly, we direct that each case of the petitioners shall be scrutinised by the authority concerned within a period of four weeks and the and the eligibility, quantum be determined by the concerned respondent, to which the petitioners are entitled to.

5.

If the petitioners are found to be entitled to some amount, the same shall be reimbursed to the them. However in case the petitioners are not found to be entitled, then they shall be communicated the reasons therefor for their nonentitlement for the amount they are claiming. 6.

With the above observations, the writ petition is disposed of.

(A.S.CHANDURKAR, J.) (CHIEF JUSTICE) sahare