Bombay High CourtWP/2797/2024disposed off

Late Yashodabai Naik (Pawar) Bahu-Uddeshiya Shikshan Prasarak Sanstha, Yavatmal And ORS v. The State Of Maha. Thr. Its Sec. Dept. Of School Education, Mantralaya, Mumbai And Others

2024-04-29Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri1 pages

16-WP-2797-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.

of Late Yashodabai Naik (Pawar) Bahu-Uddeshiya Shikshan Prasarak Va Gramin Vikas Sanstha, Bori (E) and others.

vs.

The State of Maharashtra and others.

--------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri B. G. Kulkarni, Advocate for petitioners. Shri S. M. Ukey, Additional Government Pleader for respondent nos.1, 3 to 5. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 29th APRIL, 2024.

Shri B. G. Kulkarni, learned counsel appearing for the petitioners, who are public Trusts and the societies registered under the Societies Registration Act, 1860, submits that the petitioners-Trusts are running primary schools. According to him, pursuant to the provisions of Section 12 (c) and 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 (for short, said Act), the petitioners are admitting students to the extent of 25% of sanctioned quota as are sponsored by the State Government. According to him, pursuant to the provisions of Section 12 of the said Act, the respondent-Central Government reimbursed the fees receivable as against 25% of the admissions through the State Government. He would claim that though the State Government has already received funds for the academic session 2019-20 and subsequent years, it has not released the same in favour of the petitioners neither for the academic session 2019-20 nor for subsequent years. 2.

In view of above, issue notice to the respondents, returnable on 24.06.2024 3.

Shri S. M. Ukey, learned Additional Government Pleader waives service of notice for the respondent nos. 1, 3, 4 and 5. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 29/04/2024 16:06:46 Andurkar.