Disposed¶38

Atma Malik International School through Its Principal v. the State of Maharashtra Primary Education Department and Others

Bombay HC20 Jun 2024WP/5891/2024

Case brief

AI extract

What is this about?

Keywords: RTE Act Section 12(2) fee reimbursement; 25% admissions; private schools Maharashtra (Ahmednagar and Jalgaon districts); inaction/delay by Primary Education Department, Commissioner/Director of Education, Dy./Regional Dy. Directors, Zilla Parishad officers; writ petitions 5889, 5891, 5894 of 2024; direction to consider on own merits within eight weeks; Bombay HC Aurangabad Bench; coram Mangesh S. Patil and Shailesh P. Brahme, JJ.; decision dated 20.06.2024.

What did the court decide?

Direction to respondent Nos. 2 to 6 to consider the petitioners' requests on their own merits and take an appropriate decision as expeditiously as possible and in any case within eight weeks. ¶38

Atma Malik International School through Its Principal Vs the State of Maharashtra Primary Education Department and Others — Bombay HC (2024) — LawSathi Research

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2024:BHC-AUG:11465-DB

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948, 950 and 952.WP.5889.24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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948 WRIT PETITION NO.5889 OF 2024

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Om Gurudev English Medium Gurukul Kokamthan, Po. Jeur Kumbhari Tal. Kokamthan, Dist. Ahmednagar through its President/Secretary/Principal, having its address at post-Kokamthan Tal. Kopargaon, Dist. Ahmednagar … PETITIONER VERSUS 1. The State of Maharashtra Primary Education Department, 4^th Floor, Mantralay, Mumbai – 400 032 2. The Commissioner of Education Primary Directorate of Education, Central Building, Dr. Annie Besant Road, Pune 411001 3. The Director of Education Primary Directorate of Education, Central Building, Dr. Annie Besant Road, Pune 411001 4. The Dy. Director Education Pune Division, Ahmednagar 5. Chief Executive Officer, Zilla Parishad, Ahmednagar 6. The Education Officer (Primary) Zilla Parishad, Ahmednagar … RESPONDENTS AND 950 WRIT PETITION NO.5891 OF 2024 Atma Malik International School Shirdi-Kokamthan road, Tal. Kokamthan, Dist. Ahmednagar through its Principal, having its address at post-Kokamthan Tal. Kopargaon, Dist. Ahmednagar … PETITIONER VERSUS 1. The State of Maharashtra Primary Education Department, 4^th Floor, Mantralay, Mumbai – 400 032

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1/4

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948, 950 and 952.WP.5889.24.odt

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The Commissioner of Education Primary Directorate of Education, Central Building, Dr. Annie Besant Road, Pune 411001

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The Director of Education Primary Directorate of Education, Central Building, Dr. Annie Besant Road, Pune 411001

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The Regional Dy. Director Education Nashik Region, Nashik Government Colony, Nashik - 422214

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Chief Officer, Zilla Parishad, Ahmednagar

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The Education Officer (Primary) Zilla Parishad, Ahmednagar … RESPONDENTS

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AND

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952 WRIT PETITION NO.5894 OF 2024

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Ganga Public School Batsar through its Chairman/Secretary/Principal, having its address at Post - Batsar Tal. Bhadgaon Dist. Jalgaon Maharashtra Pincode – 424105

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Sharda English Medium School, through its Chairman/Secretary/Principal, having its address at Post - Kajgaon Tal. Bhadgaon Dist. Jalgaon Maharashtra Pincode – 424103

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Sharda Vidhyaniketan Kajgaon through its Chairman/Secretary/Principal, having its address at Post - Tal. Bhadgaon Dist. Jalgaon Maharashtra Pincode – 424103

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New Burhani English Medium School Through its Chairman/Secretary/Principal, Having its address at postTal. Pachora Dist. Jalgaon Maharashtra Pincode- 424201

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Burhani English Medium School Pachora Through its Chairman/Secretary/Principal, Having its address at postTal. Pachora Dist. Jalgaon Maharashtra Pincode- 424201

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2/4

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948, 950 and 952.WP.5889.24.odt

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The World School India, Pachora Through its Chairman/Secretary/Principal, Having its address at postTal. Pachora Dist. Jalgaon Maharashtra Pincode-424201

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Gurukul English Medium School through its chairman/secretary/principal, having its address at postTal. Pachora Dist. Jalgaon Maharashtra Pincode-424201

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The World International School through its chairman/secretary/principal, having its address at postPimpalgaon Tal. Pachora Dist. Jalgaon Maharashtra pincode-424201 … PETITIONERS VERSUS

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The State of Maharashtra Primary Education Department, 4^th Floor, Mantralay, Mumbai – 400 032

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The Commissioner of Education Primary Directorate of Education, Central Building, Dr. Annie Besant Road, Pune 411001

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The Director of Education Primary Directorate of Education, Central Building, Dr. Annie Besant Road, Pune 411001

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The Regional Dy. Director Education Nashik Region, Nashik Government Colony, Nashik - 422214

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Chief Executive Officer, Zilla Parishad, Jalgaon Administrative Building, Jalgaon - 425001

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The Education Officer (Primary) Zilla Parishad, Jalgaon Administrative Building, Jalgaon – 425001 … RESPONDENTS

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... Advocate for the Petitioner : Mr. Vaibhav D. Kadam a/w Mr. Shrinath Badade AGPs for Respondents/State : Mr. R.S. Wani, Mr. K.S. Patil and Mr. P.P. Dawalkar Advocate for respndent Nos.5 and 6 : Mr. K.N. Lokhande …

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948, 950 and 952.WP.5889.24.odt

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CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ. DATE : 20.06.2024

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PER COURT:

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The petitioners - institutes are before us being aggrieved by

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the inaction of the respondents in processing their proposals for reimbursement of fees in respect of 25% admissions under the Right of Children to Free and Compulsory Education, Act, 2009 (RTE Act), in the light of Section 12 (2).

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We dispose of the petitions by directing the respondent Nos.2 to 6 to consider the request of the petitioners on own merits and take appropriate decision as expeditiously as possible and in any case within eight weeks.

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(SHAILESH P. BRAHME, J.)

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(MANGESH S. PATIL, J.)

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habeeb

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Atma Malik International School through Its Principal v. the State of Maharashtra Primary Education Department and Others

Case brief

What is this about?

What did the court decide?

Atma Malik International School through Its Principal v. the State of Maharashtra Primary Education Department and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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