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Madras High CourtWP(MD)/6960/2022disposed of

M/S. Popular Nursery And Primary School v. The Chief Educational Officer

2022-04-13Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.6960 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.6960 of 2022 Popular Nursery and Primary School, Represented by its Correspondent, S.Syed Mohamed.

... Petitioner Vs.

1.The Chief Educational Officer, Tenkasi District, Tenkasi.

2.The District Educational Officer, Tenkasi District, Tenkasi.

3.The Block Educational Officer, Tenkasi District, Tenkasi.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to disburse the RTE reimbursement for all the students studied for the academic year of 2019-2020 and also disburse the balance amount of Rs.4,18,870/- (Rupees Four Lakhs Eighteen Thousand and Eight Hundred and Seventy only) by revisiting the petitioner school and verifying the RTE eligible students' particulars for the academic year of 2019-2020. For Petitioner : Mr.N.Syed Ali For Respondents : Mr.N.GA.Nataraj, Government Advocate.

ORDER

This Writ Petition has been filed for a Mandamus seeking for RTE reimbursement for the petitioner's school for the academic year 2019-2020 amounting to Rs.4,18,870/- (Rupees Four Lakhs Eighteen Thousand Eight Hundred and Seventy only).

2. According to the petitioner, even though the petitioner has admitted students under the RTE Act, the petitioner's school has not been reimbursed to the sum of Rs.4,18,870/- for the admitted students by the respondents till date.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.6960 of 2022

3. However, Mr.N.GA.Nataraj, learned Government Advocate appearing for the respondents, on instructions, would submit that only ten students were admitted by the petitioner's school and the amount claimed in this Writ Petition is not the correct figure, which is disputed by the learned counsel for the petitioner.

4. According to the learned counsel for the petitioner, the petitioner will be satisfied, if a fresh inspection is done by the respondents based on the petitioner's representation seeking for reimbursement and thereafter, the respondent can decide as to whether the amount claimed by the petitioner is correct or not. No prejudice would be caused to the respondents, if such an exercise is done.

5. Accordingly, this Court directs the second and third respondents or their authorised representatives to inspect the petitioner's school, within a period of two (2) weeks from the date of receipt of a copy of this order, with regard to the RTE reimbursement sought for by the petitioner for the academic year 2019-2020 and submit a report. Based on the said report, the first respondent is directed to pass final orders on the petitioner's representation dated 30.03.2022 seeking for reimbursement of a sum of Rs.4,18,870/- towards RTE reimbursement for the academic year 2019-2020 within a period of twelve (12) weeks thereafter.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Chief Educational Officer, Tenkasi District, Tenkasi.

2.The District Educational Officer, Tenkasi District, Tenkasi.

3.The Block Educational Officer, Tenkasi District, Tenkasi.

+1 CC to M/s.N. SYED ALI, Advocate ( SR-18646[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-19178[F] dated 18/04/2022 ) W.P.(MD).No.6960 of 2022 13.04.2022 SG(CO) TR(28.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2