Bombay High Court
Warana Shikshan Sanstha And Anr vs The State Of Maharashtra Thr Sec. School ... on 17 April, 2025
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2025:BHC-AS:17454-DB
SNEHA
ABHAY
DIXIT
Digitally signed by
SNEHA ABHAY
DIXIT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2025.04.17
18:48:45 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3697 OF 2025
ALONG WITH
WRIT PETITION (STAMP) NO.7343 OF 2025
Warana Shikshan Sanstha,
Warana-Kodoli, Panhala, Dist. Kolhapur and Anr. .. Petitioners
Vs.
The State of Maharashtra,
Through School Education and Sports Dept. and Ors. .. Respondents
Mr. Prashant S. Bhavake, Advocate for the Petitioner in both the Writ
Petitions.
Mr. Vaibhav Charalwar, 'B' Panel Counsel for Respondent Nos.1 to 4 in WP
3697/2025.
Mr. S.P. Kamble, Assistant Government Pleader for Respondent Nos.1 to 4
in WP(ST.) 7343/2025.
CORAM : A.S. CHANDURKAR &
M.M. SATHAYE, JJ
DATE : 17TH APRIL 2025.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Rule made returnable forthwith. By consent of the parties,
heard finally.
2. The learned counsel for the Petitioners and the learned 'B' Panel
Counsel as also learned Assistant Government Pleader for the Respondent-
State submit that the issue raised in these two writ petitions is covered by
the order dated 2nd May 2024 passed by this Court in Writ Petition
5-WP-3697-2025 & WP(ST)-7343-2025.doc
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No.6020 of 2024 (Gurukul English Medium School, Abdulat Vs. The State
of Maharashtra & Others) along with connected matters . Both the learned
counsel have agreed that the present petitions may be disposed of in terms
of the directions issued in the said writ petition.
3. We have perused the order passed in Writ Petition No.6020 of 2024
wherein similar issue had arisen and this Court followed the directions
issued in another Writ Petition No.10681 of 2023 (Jesus English Medium
School Vs. The State of Maharashtra and Ors.), along with connected
matters, dated 20th September 2023. The relevant paragraph no.3 of the
order dated 2nd May 2024 in Writ Petition No.6020 of 2024 reads thus:-
"We have perused the order in Writ Petition No.10681 of 2023,
wherein similar issue had arisen and this Court had passed the
following order :-
Heard learned counsel for the parties.
2 All these petitions which are filed by different Schools in which
grievances are made that the Petitioners are entitled to
reimbursement of fees for the students admitted in the quota of
25% prescribed under Right to Education Act, though entitled
are not being paid.
3 The Petitioners have relied upon Section 12 of Right To
Education Act which reads thus:
"Section 12. Extent of school's responsibility for free and
compulsory education-
(a) specified in sub-clause (I) of clause (n) of section 2
shall provide free and compulsory elementary
education to all children admitted therein
(b) specified in sub-clause (ii)of clause (n) of section 2
shall provide free and compulsory elementary
education to such proportion of children admitted
therein as its annual recurring aid or grants so received
bears to its annual recurring expenses, subject to a
minimum of twenty-five percent,
5-WP-3697-2025 & WP(ST)-7343-2025.doc
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(c) specified in sub-clauses (iii) and (iv) of clause (n) of
section 2 shall admit in clause I, to the extent of at least
twenty-five percent, of the strength of that class,
children belonging to weaker section and
disadvantaged group in the neighbourhood and provide
free and compulsory elementary education till its
completion."
4 The learned counsel for the Petitioner submitted that inspite of
repeated requests amount admissible to the Petitioner as above
has not been paid to the Petitioner. The Petitioners allege that the
Central Government has already released grants to the State
Government for refund of fees to the 25% quota under the Act.
Yet, the amount is not been passed on to the Petitioner which is
affecting their functioning.
5 No reply as yet is filed though the petition was adjourned. The
learned AGP states that concerned officer is present. The
Respondents will have to scrutinize case of the Petitioner as
regards eligibility, quantum and thereafter will have to take
necessary steps. Learned AGP on instructions states that cases of
each of the Petitioner would be scrutinized within a period of
two weeks, so as to ensure that there is no further time sought
on behalf of the State.
6 We grant four weeks time to the State, within this period the
case of each of the Petitioner would be scrutinized and the
eligibility quantum be determined by the concerned Respondent.
The admissible amount to the Petitioner would be released
within a period of 2 weeks thereafter. If the Petitioners are not
entitled then the order to that effect would be passed. If the
Petitioners are aggrieved by total denial or partial dis-
imbursement of the amount claimed by them, it is open to them
to take such action as has been permissible in law.
7 With the aforesaid observations and directions petitions are
disposed of."
4. Following the aforesaid order, we grant 8 weeks' time to the
Respondent-State of Maharashtra within which period the case of each
Petitioner would be scrutinized and the eligibility as well as quantum of
reimbursement would be determined by the concerned Respondent. The
admissible amount of reimbursement to such Petitioner would be released
5-WP-3697-2025 & WP(ST)-7343-2025.doc
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within a period of two weeks thereafter. 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.
5. 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.
6. The Writ Petitions are disposed of in above terms. No costs.
[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ]
5-WP-3697-2025 & WP(ST)-7343-2025.doc
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