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Dhaval English Medium School ... vs Union Of India Through It Spleader And ...
2024 Latest Caselaw 22095 Bom

Citation : 2024 Latest Caselaw 22095 Bom
Judgement Date : 1 August, 2024

Bombay High Court

Dhaval English Medium School ... vs Union Of India Through It Spleader And ... on 1 August, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

   2024:BHC-AS:30430-DB



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                 WRIT PETITION NO.10411 OF 2024
                      1. Dhaval English Medium School, Mangalvedha,                   ]
                         Laxmi Peth, Dist. Solapur                                    ]
                      2. Sadguru Laxman Girigi Maharaj English                        ]
                         Medium School, Pandurli, Sinnar, Dist. Nashik                ]
                      3. Dodheshwar Public School, Satana,                            ]
                         Tal. Baglan, Dist. Nashik                                    ]
                      4. Sadguru Laxman Girigi Maharaj English                        ]
                         Medium School, Sonari, Sinnar, Dist. Nashik                  ]
                      5. K.D. Bhalerao Shaikshnik, Samajik and                        ]
                         Sarwajanik Sanstha, Lakmapur, Satana, Nashik                 ]
                      6. Siddhi English School, Karanjad,                             ]
                         Tal. Baglan, Dist. Nashik                                    ]
                      7. Late Sushilatai Prabhakar Sonawane Semi-English              ]
                         School, Karanjad, Tal. Baglan, Dist. Nashik                  ]
                      8. Navnath English Medium School, Mess,                         ]
                         Tal. Devla, Dist. Nashik                                     ]
                      9. Adarsh English Medium School, Nampur,                        ]
                         Tal. Baglan, Dist. Nashik                                    ]
                     10. New English School, Aadegaon,                                ]
                         Tal. Mhada, Dist. Solapur                                    ]
                     11. Late Amol Pise English Medium School,                        ]
                         Piluv, Tal. Malshiras, Dist. Solapur                         ]
                     12. Sunrise Public School, Bibi Darpol,                          ]
                         Tal. and Dist. Solapur                                       ]
                     13. Speed Well English Medium School, Vadivare,                  ]
                         Tal. Igatpuri, Dist. Nashik                                  ] .. Petitioners
                                                      VERSUS
                     1. Union of India,                                               ]
                        Through School Education and Sports Department                ]
                     2. The State of Maharashtra,                                     ]
                        Through School Education and Sports Department                ]
                     3. The Director of Education,                                    ]
                        Maharashtra State, Pune                                       ]
                     4. The District Education Officer (Primary),                     ]
                        Dist. Nashik                                                  ]
                     5. The District Education Officer (Primary),                     ]
                        Dist. Solapur                                                 ] .. Respondents


         Digitally                                               1/3
         signed by
SNEHA SNEHA
      ABHAY DIXIT
                     15-WP-10411-2024.doc
ABHAY Date:          Dixit
DIXIT 2024.08.01
      18:32:55
         +0530

                             ::: Uploaded on - 02/08/2024                   ::: Downloaded on - 02/08/2024 10:14:34 :::
 Mr. Mr. Vaibhav Ugle with Mr. Shubham Vadekar, Advocates for the
Petitioners.
Smt. M.S. Srivastava, Assistant Government Pleader for the Respondents.


                                              CORAM : A.S. CHANDURKAR &
                                                      RAJESH S. PATIL, JJ
                                              DATE   : 1ST AUGUST, 2024.


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

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

2. The limited request made in the 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

15-WP-10411-2024.doc Dixit

reimbursement, an order to that effect would be passed and such petitioner would be free to take appropriate steps in accordance with law.

(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 petition is disposed of in above terms. No costs.

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

15-WP-10411-2024.doc Dixit

 
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