Shivsahyadri English Medium School , ... vs The State Of Maharashtra Thr Prin. ...
2025 Latest Caselaw 3526 Bom

Bombay High Court

Shivsahyadri English Medium School , ... vs The State Of Maharashtra Thr Prin. ... on 27 March, 2025

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

  2025:BHC-AS:14531-DB



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                  WRIT PETITION NO.2636 OF 2025
                     Shivsahyadri English Medium School, Gajawadi,                      ]
                     Through Headmistress : Smt. Dhawantari R. Wangade                  ] .. Petitioner
                                           Versus
                     1. The State of Maharashtra,                                       ]
                        Through School Education Department                             ]
                     2. The Director of Primary Education, Pune                         ]
                        State of Maharashtra                                            ]
                     3. The Education Officer (Primary),                                ]
                        Zilla Parishad, Satara                                          ] .. Respondents


                     Mr. Aditya Raktade with Mr. Sumit Vhanbatte and Mr. Anup Kamble,
                     Advocates for the Petitioner.
                     Mr. A.I. Patel, Additional Government Pleader with Mr. Y.D. Patil,
                     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

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.

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3. The learned Additional 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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