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Shirgaon Shikshan Prasarak Mandal Thr ... vs The State Of Maharashtra Thr Its ...
2024 Latest Caselaw 22091 Bom

Citation : 2024 Latest Caselaw 22091 Bom
Judgement Date : 1 August, 2024

Bombay High Court

Shirgaon Shikshan Prasarak Mandal Thr ... vs The State Of Maharashtra Thr Its ... on 1 August, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

   2024:BHC-AS:30429-DB



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                  WRIT PETITION NO.8121 OF 2024
                     1. Shirgaon Shikshan Prasarak Mandal,                                      ]
                        Shirgaon, Tal. Radhanagri, Dist. Kolhapur                               ]
                     2. Kulguru Dr. Shivajirao Kadam Public School,                             ]
                        Shirgaon, Tal. Radhanagri, Dist. Kolhapur                               ] .. Petitioners
                                                 WRIT PETITION NO.10600 OF 2024
                     1. Universal Education Society, Ichalkaranji                               ]
                        Tal. Hatkanangale, Dist. Kolhapur                                       ]
                     2. Ideal English School, Ichalkaranji,                                     ]
                        Tal. Hatkanangale, Dist. Kolhapur                                       ] .. Petitioners
                                                 WRIT PETITION NO.10599 OF 2024
                     1. Ramakrishna Dnyan Prabodhini, Peth Vadgaon,                             ]
                        Tal. Hatkanangale, Dist. Kolhapur                                       ]
                     2. Holy Mother English Medium School, Peth Vadgaon                         ]
                        Tal. Hatkanangale, Dist. Kolhapur                                       ] .. Petitioners
                                                 WRIT PETITION NO.10601 OF 2024
                     1. Universal Education Society, Ichalkaranji,                              ]
                        Tal. Hatkanangale, Dist. Kolhapur                                       ]
                     2. Aman Vidya Mandir, Ichalkaranji,                                        ]
                        Tal. Hatkanangale, Dist. Kolhapur                                       ] .. Petitioners

                                                               VERSUS
                     1. The State of Maharashtra,                                               ]
                        Through School Education and Sports Department                          ]
                     2. The State of Maharashtra,                                               ]
                        Through Finance Department                                              ]
                     3. The Director of Education (Primary),                                    ]
                        Maharashtra State, Pune                                                 ]
                     4. The Deputy Director of Education,                                       ]
                        Kolhapur Region, Kolhapur                                               ]
                     5. The Education Officer (Primary),                                        ]
                        Zilla Parishad, Kolhapur                                                ] .. Respondents


                     Mr. Prashant Bhavake, Advocate for the Petitioners.
                     Mr. N.C. Walimbe, Additional Government Pleader with Smt. M.S.
                     Srivastava, Assistant Government Pleader for the Respondents.

         Digitally                                                   1/3
         signed by
SNEHA SNEHA
      ABHAY DIXIT
                     10-WP-8121-2024 & WP-10599-2024 & WP-10601-2024 & WP-10600-2024.doc
ABHAY Date:          Dixit
DIXIT 2024.08.01
      18:32:53
         +0530

                             ::: Uploaded on - 02/08/2024                             ::: Downloaded on - 02/08/2024 10:14:20 :::
                                                       CORAM : A.S. CHANDURKAR &
                                                              RAJESH S. PATIL, JJ
                                                      DATE       : 1ST AUGUST, 2024.


ORAL JUDGMENT : { Per A.S. Chandurkar, J. }

1. Rule. The learned Additional Government Pleader waives notice for the respondents.

2. The limited request made in each writ petition is for a direction to release the amount of arrears which the petitioners claim towards entitlement under the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

3. Our attention is invited to earlier orders passed in the writ petitions seeking similar relief. Thus, following the order passed in Writ Petition No.6020 of 2024 (Gurukul English Medium School Vs. The State of Maharashtra and Ors.), dated 2nd May 2024, the following directions are issued :-

(i) Time of eight weeks is granted to the respondents-

State of Maharashtra to scrutinize the case of each petitioner.

(ii) The eligibility as well as quantum of reimbursement would be determined by the concerned respondent.

(iii) The admissible amount of reimbursement to such petitioner would be released within a period of two weeks thereafter.

(iv) If any petitioner is not entitled for any amount of reimbursement, an order to that effect would be passed and such petitioner would be free to take appropriate steps in accordance with law.

10-WP-8121-2024 & WP-10599-2024 & WP-10601-2024 & WP-10600-2024.doc Dixit

(v) The prayer for grant of interest on the amount to be reimbursed is kept open. The petitioners are free to pursue the same in accordance with law.

4. The writ petitions are disposed of in above terms. No costs.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]

10-WP-8121-2024 & WP-10599-2024 & WP-10601-2024 & WP-10600-2024.doc Dixit

 
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