Mahesh Vidya Prasarak Shikshan Sanstha, Nagpur Thr. Secretary, Gangadhar v. Nakade and Others v the State of Maharashtra, Thr. Secretary, Department of School Education, Mumbai and Others

Bombay HC5 Jul 2024WP/3802/2024

Case brief

AI extract

What is this about?

Petition by trusts running primary schools seeking release of State reimbursement of fees for 25% RTE Act-sponsored admissions for 2019-2020 onwards. Court heard the petition and issued notice to respondents, returnable on 30/08/2024; matter to be heard along with Writ Petition No.2797/2024.

What the court decided

AI extract

Mahesh Vidya Prasarak Shikshan Sanstha, Nagpur Thr… — Education and Admissions | Bombay HC (2024)

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2-WP-3802-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.3802 OF 20 24

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Mahesh Vidya Prasarak Shikshan Sanstha, Nagpur Thr. Secretary Gangadhar Vishveshwar Nakade, Jawahar Nagar, Nagpur and ors.

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-vs-

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State of Maharashtra, Thr. Secretary, Dept. of School Education, Mantralaya, Mumbai and ors.

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Office notes, Office Memoranda of

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Coram, appearances, Court's orders or directions and the Registrar's orders.

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Court's or Judge's Orders.

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Shri B. G. Kulkarni, Advocate for petitioners.

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Shri N. S. Rao, Assistant Government Pleader for respondent Nos.1 & 3 to 5.

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CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

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DATE : July 05, 2024

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Heard.

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Shri B. G. Kulkarni, learned counsel appearing for the petitioners, who are public Trusts and the Societies registered under the Societies Registration Act, 1860 submits that the petitioners-Trusts are running primary schools. According to him pursuant to the provisions of Section 12(1)(c) and 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 (for short, the said Act), the petitioners are admitting students to the extent of 25% of sanctioned quota as are sponsored by the State Government. He further submits that pursuant to the provisions of Section 12 of the said Act, the respondent-Central Government reimburse the fees receivable as against 25% of the admissions through the State Government. He would claim that though the State Government has already received funds for the academic session 2019-2020 and subsequent years, it has not released the same in favour of the petitioners neither for the academic session 2019-2020 nor for subsequent years.

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In view of above, issue notice to the respondents, returnable on 30/08/2024.

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Shri N. S. Rao, learned Assistant Government Pleader waives service of notice for respondent Nos.1 and 3 to 5.

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To be heard alongwith Writ Petition No.2797/2024.

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Signed by: Smt. Asmita A. Bhandakkar (Abhay J. Mantri, J.) (Nitin W. Sambre, J.) Designation: PS To Honourable Judge Asmita Date: 06/07/2024 10:41:04

Mahesh Vidya Prasarak Shikshan Sanstha, Nagpur Thr. Secretary, Gangadhar v. Nakade and Others v the State of Maharashtra, Thr. Secretary, Department of School Education, Mumbai and Others

Case brief

What is this about?

What the court decided

Mahesh Vidya Prasarak Shikshan Sanstha, Nagpur Thr. Secretary, Gangadhar v. Nakade and Others v the State of Maharashtra, Thr. Secretary, Department of School Education, Mumbai and Others

Case brief

What is this about?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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