Bombay High Court
K.K.Wagh Education Society And Ors vs School Education And Sport Department ... on 27 March, 2025
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2025:BHC-AS:14522-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10145 OF 2024
1. K.K. Wagh Education Society, Panchavati, Nashik ]
Through its Secretary : Prof. Kallapa Shankar Bandi
]
2. K.K. Wagh English School (Primary Section), Nashik ]
Through Head Mistress : Ashwini Santosh Pawar ]
3. K.K. Wagh English School, Nashik ]
Through Head Mistress : Jayashree C. Khade ]
4. K.K. Wagh English School, Satpur, Nashik ]
Through Head Mistress : Minakshi Tushar Pawar ]
5. K.K. Wagh English School, Chandori, Nashik ]
Through Head Mistress : Vandana Harish Pawar ]
6. K.K. Wagh English School, Kakasahebnagar, Nashik ]
Through Head Master : Sharad Pandharinath Kadam ]
7. K.K. Wagh Universal School, Saraswatinagar, Nashik ]
Through Principal : Amrit Aditya Rao ]
8. K.K. Wagh Universal School, Bhausahebnagar, Nashik ]
Through Principal : Chitra Suresh Narwade ]
9. K.K. Wagh Universal School, Bhausahebnagar, Nashik ]
Through Head Master : Balu Deoram Mondhe ]
10. K.K. Wagh English School, Pimplas Ramache, Nashik ]
Through Head Master : Ramesh Ashok Hirole ] .. Petitioners
Versus
1. School Education & Sports Department, ]
Government of Maharashtra ]
2. The Commissioner of Education, ]
Maharashtra State ]
3. Directorate of Primary Education, Pune ]
4. The Deputy Director (Education), Nashik ]
5. The Education Officer (Secondary), ]
Zilla Parishad, Nashik ]
6. The Education Officer (Primary), ]
Zilla Parishad, Nashik ]
7. Union of India, ]
Ministry of Education, Government of India ] .. Respondents
Mr. P.B. Shah with Ms. Gunjan Shah and Mr. Sandeep
Waghmare, Advocates for the Petitioners.
Mr. A.I. Patel, Additional Government Pleader with Mr. Y.D. Patil,
Assistant Government Pleader for the Respondent-State of Maharashtra.
Digitally
signed by 1/3
SNEHA
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Date:
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12:04:42
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Ms. Shehnaz Bharucha, i/by Mr. A.A. Ansari, Advocates for Respondent
No.7-UOI.
CORAM : A.S. CHANDURKAR &
M.M. SATHAYE, JJ
DATE : 27TH MARCH 2025.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Rule made returnable forthwith and heard learned counsel for
the parties.
2. The petitioners are Educational Institutions 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 petitioners, previously part amount of the grant has been
reimbursed and now the entitlement is for 25% of such further grant.
3. The learned Additional Government Pleader, on instructions,
submits that the respondent no.2 is the Competent Authority to consider
the entitlement of the petitioners.
4. In the aforesaid facts, the writ petition is disposed of by directing
respondent no.2 to consider the entitlement of the petitioners to
reimbursement of grant under Section 12(2) of the Act of 2009. The
respondent nos.5 and 6 shall furnish necessary information to the said
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Authorities, as required. The aforesaid process of considering the
entitlement of the petitioners 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. ]
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