Shiv Chattrapati Public School And ORS v. Union Of India Thr Its Pleader The Education Principal Secretry And ORS
Digitally signed by DINESH SADANAND SHERLA Date:
2025.07.09 17:41:26 +0530 DINESH SADANAND SHERLA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3758 OF 2025 Shiv Chattrapati Public School, Nadore through its Head Mistress Smt. V.S. Valge and Ors.
... Petitioners V/s.
Union of India and ors.
... Respondents ---------------- Mr. Vaibhav V. Ugle for the Petitioners.
Mr. P.P. Kakade, Addl. G.P. a/w. Smt. R.M. Shinde, AGP for the Respondent/State.
----------------
CORAM
:
M.S. KARNIK & N.R. BORKAR, J.J.
DATE :
2nd JULY, 2025.
P.C.
1.
Heard learned counsel for the petitioners and the learned Addl.G.P. for the respondent/State.
2.
According to the petitioners - institutions, they are entitled to reimbursement of fees for the students admitted against the quota of 25 % as per the provisions of Right of Children to Free and Compulsory Education Act, 2009 ('the Act" for the short). However, they have not been paid the said amount. The prayers in the petition read thus: "a) That this Hon'ble Court be pleased to issue appropriate writ, order and direction directing the Respondent No. 2 to 4 to reimburse English Medium Schools, the tuition fees for students admitted in the 25% quota RTE for the academic years the list appearing at Exhibit - A and pass appropriate orders in accordance with law on such terms as this Hon'ble Court may deem 1/3
fit and proper.
b) that this Hon'ble Court be pleased to issue appropriate writ, order and direction directing the respondents to forthwith to give benefits to the schools list appearing at Exhibit - A which is pending since 2017 to 2025 under RTE on such terms as this Hon'ble Court may deem fit and proper.
c) That this Hon'ble Court be please to issue appropriate writ, order and direction directing the respondents to forthwith hold necessary inquiry in respect of various letters made by petitioners and subject to outcome of such issue, necessary action be initiated against the concerned persons.
d) That this Hon'ble court be pleased to direct the respondent No.2 to 4 to consider the representations made by the petitioners from 16th Aug, 2024 to 2nd Jan, 2025 with time bound program on such terms as this Hon'ble Court may deem fit and proper.
3.
In an identical petition, this Court by order dated 10th June 2025 in Writ Petition No. 6128 of 2025 directed the authority concerned to scrutinize the proposal for the reimbursement to the petitioners therein and if they are found to be entitled to some amount, the same shall be reimbursed to them.
4.
We are, therefore, inclined to pass the similar order in the present petition.
5.
The respondents shall scrutinize the proposal of petitioners for reimbursement and if they are found to be 2/3
entitled to some amount, the same shall be reimbursed to them. However, in case the petitioners are not found to be entitled, then they shall be communicated the reasons therefor for their non-entitlement for the amount they are claiming. The said exercise shall be done within a period of eight weeks from today.
6.
The petition is disposed of in the aforesaid terms. (N.R. BORKAR, J.) (M.S. KARNIK, J.) 3/3