Sharad English Medium School vs The State Of Maharashtra Thr Prin. Sec ...
2025 Latest Caselaw 4726 Bom

Bombay High Court

Sharad English Medium School vs The State Of Maharashtra Thr Prin. Sec ... on 16 April, 2025

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

       Digitally
       signed by
       SNEHA
SNEHA
  2025:BHC-AS:17452-DB
       ABHAY
ABHAY  DIXIT
DIXIT  Date:
       2025.04.17
       18:48:21
       +0530
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO.4184 OF 2025
                    Sharad English Medium School, Yadrav                               ]
                    Ichalkaranji, Tal. Hatkanangale, Dist. Kolhapur                    ]
                    Through Principal : Mrs. Kaneez Naushad Kotwal                     ] .. Petitioner
                                    Versus
                    1. The State of Maharashtra,                                       ]
                       Through School Education Department                             ]
                    2. The Director of Primary Education,                              ]
                       State of Maharashtra                                            ]
                    3. The Education Officer (Primary),                                ]
                       Zilla Parishad, Kolhapur                                        ] .. Respondents


                    Mr. Aditya Raktade, Advocate for the Petitioner.
                    Mrs. Ashwini A. Purav, Assistant Government Pleader for the Respondent-
                    State of Maharashtra.

                                                                      CORAM : A.S. CHANDURKAR &
                                                                              M.M. SATHAYE, JJ
                                                                      DATE   : 16TH APRIL 2025.

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

1. Rule. Rule made returnable forthwith and heard learned counsel for

the parties.

2. The Petitioner is an Educational Institution seeking reimbursement

of grant 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 Petitioner, previously part amount of the grant has been

reimbursed and now the entitlement is for balance amount of such further

grant.

14-WP-4184-2025.doc Dixit

3. The learned Assistant Government Pleader, on instructions, submits

that the Respondent no.2 is the Competent Authority to consider the

entitlement of the Petitioner.

4. In the aforesaid facts, the writ petition is disposed of by directing

Respondent no.2 to consider the entitlement of the Petitioner to

reimbursement of grant under Section 12(2) of the Act of 2009. The

Respondent no.3 shall furnish necessary information to the said

Authorities, as required. The aforesaid process of considering the

entitlement of the Petitioner 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.

5. Rule is disposed of in aforesaid terms with no order as to costs.

        [ M.M. SATHAYE, J. ]                      [ A.S. CHANDURKAR, J. ]





14-WP-4184-2025.doc
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