Joy Childrens Academy Wai Thru.Principal And ANR v. The State Of Maharashtra Thru. Secretary And ORS

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8923 OF 2025 Brilliant English Medium School ] Khandala (Bavada) and another ] Petitioners versus The State of Maharashtra through It's ] Secretary, Department of School ] Education and Sports, Mantralaya, ] Mumbai and others ] Respondents a/w WRIT PETITION NO.11396 OF 2025 Joy Children's Academy Wai through ] Principal and another ] Petitioners versus The State of Maharashtra through It's ] Secretary, Department of School ] Education and Sports, Mantralaya, ] Mumbai and others ] Respondents a/w WRIT PETITION NO.11398 OF 2025 Matoshree Subhadra International ] School and Jr.

College, Varade ] through Principal and another ] Petitioners versus The State of Maharashtra through ] It's Secretary, Department of School ] Education and Sports, Mantralaya, ] Mumbai and others ] Respondents a/w WRIT PETITION NO.11397 OF 2025 Aston International English Medium ] School Varade through Principal ] Vaishali Vijay Mali and another ] Petitioners versus The State of Maharashtra through ] Secretary, Department of School ] SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.09.

Education and Sports, Mantralaya, ] Mumbai and others ] Respondents .....

Mr. Sandeep Koregave a/w Ms. Pallavi A. Karanjkar, for Petitioners. Mr. A.A. Naik, A.G.P, for Respondent - State. Mr. Ashok Misal, for Respondent No.4.

.....

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ DATE : 24th SEPTEMBER, 2025.

ORDER: [M.S. KARNIK, J.]:

1.

These petitions are disposed of by a common order as issues involved in these petitions are common.

2.

Though circulation was granted for today, inadvertently these matters are not listed on today's board and, therefore, upon mentioning, the matters were taken on today's production board.

3.

We have heard Mr. Koregave, learned Counsel for the petitioners, Mr. Naik, learned A.G.P, for respondent - State and Mr. Misal, learned Counsel for respondent No.4 - Zilla Parishad, Satara.

4.

Our attention is invited to the judgment and order dated 10th October, 2024 passed by this Court in the case of Krushi Vikas Pratishthan Devapur Tq. Man, Dist. Satara through its President Vishwambhar S/o Sopan Babar versus

The State of Maharashtra through its Secretary, Department of School Education and Sports Mantralaya, Mumbai and others in Writ Petition No.12457 of 2024 alongwith connected Writ Petitions wherein similar issue as in the present case was involved. We, therefore, dispose of the present Writ Petitions on the same terms as in the judgment and order dated 10th October, 2024 in Writ Petition No.12457 of 2024.

5.

The petitioners are Educational Institutions seeking reimbursement of grants under the provisions of Section 12 (2) of the Right of Children to Free and Compulsory Education Act, 2009 (for short "Act of 2009"). 6.

Learned Counsel for the petitioners submits that in respect of some of the petitioners, previously part amount of the grant has been reimbursed and now the petitioners pray for the entitlement in accordance with the provisions of law.

7.

We find that respondents No.2 and 3 are the Competent Authorities to consider entitlement of the petitioners. In the aforesaid facts, the Writ Petitions are disposed of by directing respondents No.2 and 3 to consider the entitlement of the petitioners to reimbursement of grants under section 12 (2) of the Act of 2009 expeditiously.

8.

Learned Counsel for respondent No.4 - Zilla Parishad, Satara submits that respondent No.4 - Zilla Parishad, Satara had already furnished necessary information to the said Authorities as required. He further submits that so far as these petitioners are concerned, respondent No.4 - Zilla Parishad, Satara, as abundant caution shall again furnish necessary information to respondents No.2 and 3 within a period of two weeks from today. The aforesaid process of considering the entitlement of the petitioners be undertaken and completed by respondents No.2 and 3 within a period of four months from the date of communication of this order.

9.

Needless to state that on such entitlement being found, further consequential steps shall be taken by the respondents. 10.

The petitions are disposed of in the aforesaid terms. No order as to costs. 11.

Liberty to apply in case the entitlement is not decided within the aforesaid period, in which case, we may consider grant of appropriate interest. [SHARMILA U. DESHMUKH. J.] [M.S. KARNIK, J.]