Navjeevan Day School Thr. Its Managing Trustee Subhash G. Deshmukh And ORS v. The State Of Maharashtra Primary Education Department And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13633 OF 2024 RAMESHWAR LAXMAN DILWALE Navjeevan Day School } Through Its Managing Trustee- } Subhash Gopinath Deshmukh } An Adult Indian Inhabitant, } Having Its Address At Post- } Shivshkti Chowk, 4th Scheme, Cidco } Nashik, Tal-Nashik, Dist-Nashik } Maharashtra 422008 } by RAMESHWAR LAXMAN DILWALE Date: 2024.10.13 14:31:40 +0530 Smt. Pushpavati Deshmukh Navjeevan Day } School Through Its Managing Trustee- } Subhash Gopinath Deshmukh } An Adult Indian Inhabitant, } Having Its Address At Post- } Dubere Naka, Sinner, Tal. Sinner, Dist.
} NashikMaharashtra 422103.
} D. P. Kharde Navjeevan Day School } Through Its Managing Trustee- } Subhash Gopinath Deshmukh } An Adult Indian Inhabitant, } Having Its Address At Post- } Nandur Shingote, Tal. Sinner, Dist. Nashik } Maharashtra 422606 } Navjeevan Day School } Through Its Managing Trustee- } Subhash Gopinath Deshmukh } An Adult Indian Inhabitant, } Having Its Address At Post- } Vinchuri Gawali, Madsangavi, Tal. Dist.
} Nashik Maharashtra 422003.
} Matoshree Education Society } English Medium School Odha } Through Its Chairperson, Vijay Vitthal Kank } An Adult Indian Inhabitant, } Having Its Address At Post- } 1/3
Shilapur-Odha Road, Chh. Sambhajinagar } Highway, Tal. Dist. Nashik, } Maharashtra 422003 } .. Petitioners Vs.
The State of Maharashtra } Primary Education Department, } 4th Floor, Mantralay, Mumbai-400 032 } The Commissioner of Education } Primary Directorate of Education } Central Building, Dr. Annie Besant Road, } Pune 411001 } The Director of Education } Primary Directorate of Education, } Central Building, Dr. Annie Besant Road, } Pune 411001 } The Regional Dy. Director Education } Nashik Region, Nashik } Government Colony, Nashik-422214 } Chief Executive Officer, } Zilla Parishad, Nashik } Administrative Building, Nashik-425001 } 6.
The Education Officer(Primary) } Zilla Parishad, Nashik } Administrative Building, Nashik-425001 } .. Respondents ...
Mr. Vaibhav D. Kadam with Mr. Aditya Thorat, Mr. Shrinath Badade, Mr. Kalpesh Karkera, Advocates for the petitioners. Ms. Kavita N. Solunke, Assistant Government Pleader for the respondent-State.
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CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 10th OCTOBER, 2024.
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ORAL JUDGMENT : { Per A.S. Chandurkar, J. } RULE. Rule made returnable forthwith and heard learned counsel for the parties.
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. According to the learned counsel for the petitioners, previously part amount of the grant has been reimbursed and now the entitlement is for 25% of such further grant. The learned Assistant Government Pleader, on instructions, submits that the respondent no.2 is the Competent Authority to consider the entitlement of the petitioners.
In the aforesaid facts, the writ petition is disposed of by directing respondent nos.2 to 4 to consider the entitlement of the petitioners to reimbursement of grants under Section 12(2) of the Act of 2009. The respondent nos.5 and 6 shall furnish necessary information to the said Authorities, as required. The aforesaid process of considering the entitlement of the petitioners be undertaken and completed within a period of three months of receiving copy of this order. Needless to state that on such entitlement being found, further consequential steps shall be taken by the respondents.
Rule is disposed of in aforesaid terms with no order as to costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 3/3