Yogiraj Tukaram Baba Gurukul Of Goda ... vs The State Of Maharashtra Primary ...
2025 Latest Caselaw 3525 Bom

Bombay High Court

Yogiraj Tukaram Baba Gurukul Of Goda ... vs The State Of Maharashtra Primary ... on 27 March, 2025

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

  2025:BHC-AS:14527-DB



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                 WRIT PETITION NO.18861 OF 2024
                     Yogiraj Tukaram Baba Gurukul of Goda Vikas                         ]
                     Bahuddeshiya Sanstha, Khedlezunge, Niphad, Nashik                  ]
                     Through President : Ravindra Nivrutti Gorde                        ] .. Petitioner
                                        Versus
                     1. The State of Maharashtra,                                       ]
                        Through Primary Education Department                            ]
                     2. The Commissioner of Education,                                  ]
                        Primary Directorate of Education, Pune                          ]
                     3. The Director of Education,                                      ]
                        Primary Directorate of Education, Pune                          ]
                     4. The Regional Deputy Director of Education                       ]
                        Nashik Region, Nashik                                           ]
                     5. Chief Executive Officer,                                        ]
                        Zilla Parishad, Nashik                                          ]
                     6. The Education Officer (Primary),                                ]
                        Zilla Parishad, Nashik                                          ] .. Respondents


                     Mr. Vaibhav Kadam with Mr. Aditya Thorat, Mr. Shrinath Bobade,
                     Ms. Vedika Bhoir and Ms. Shweta Jadhav, Advocates for the Petitioner.
                     Mr. S.H. Kankal, Assistant Government Pleader for the Respondent-State
                     of Maharashtra.


                                                                       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 petitioner is an Educational Institution seeking reimbursement

of grant under the provisions of Section 12(2) of the Right of Children to Digitally

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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 25% of such further grant.

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. ]

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