Sharad English Medium School Vs the State of Maharashtra Thr Prin. Sec School Edu Dept and Ors. — Bombay HC (2025) — LawSathi Research

Sharad English Medium School Vs the State of Maharashtra Thr Prin. Sec School Edu Dept and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Respondent No.2 to consider the Petitioner's entitlement to reimbursement of grant under Section 12(2) of the Act of 2009 within three months, with Respondent No.3 to furnish necessary information and consequential steps to follow on entitlement being found; rule disposed of with no order as to costs.

Issue for consideration

Whether the Petitioner is entitled to reimbursement of grant under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009, and before which authority that entitlement falls to be considered.

Court's answer

The writ petition was disposed of by directing Respondent No.2 (Director of Primary Education) to consider the Petitioner's entitlement to reimbursement of grant under Section 12(2) of the Act of 2009, with Respondent No.3 (Education Officer (Primary)) to furnish necessary information to the said Authorities.

Ratio / Principle

The process of considering the Petitioner's entitlement was to be undertaken and completed within three months of receipt of the copy of the order, and on such entitlement being found, further consequential steps were to be taken by the Respondents.

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Coram A.S. Chandurkar & M.M. Sathaye, JJ; oral judgment per A.S. Chandurkar, J., dated 16 April 2025, disposed of Writ Petition No. 4184 of 2025 filed by Sharad English Medium School, Yadrav, Ichalkaranji (through its Principal), an educational institution seeking reimbursement of grant under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009, part of the grant having been earlier reimbursed and the claim relating to the balance amount. On the Assistant Government Pleader stating on instructions that Respondent No.2, the Director of Primary Education, State of Maharashtra, is the Competent Authority to consider the Petitioner's entitlement, the Court directed Respondent No.2 to consider the entitlement to reimbursement under Section 12(2) of the Act of 2009, with Respondent No.3, the Education Officer (Primary), Zilla Parishad, Kolhapur, to furnish necessary information to the said Authorities. The process was to be completed within three months of receipt of the copy of the order, with further consequential steps to be taken by the Respondents if entitlement was found. Rule was disposed of in those terms with no order as to costs.

Digitally signed by SNEHA SNEHA ABHAY ABHAY DIXIT DIXIT Date: 2025.04.17 18:48:21 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.4184 OF 2025

Sharad English Medium School, Yadrav ] Ichalkaranji, Tal. Hatkanangale, Dist. Kolhapur ] Through Principal : Mrs. Kaneez Naushad Kotwal ] .. Petitioner Versus

The State of Maharashtra, ] Through School Education Department ] 2. The Director of Primary Education, ] State of Maharashtra ] 3. The Education Officer (Primary), ] Zilla Parishad, Kolhapur ] .. Respondents

Mr. Aditya Raktade, Advocate for the Petitioner.

Mrs. Ashwini A. Purav, Assistant Government Pleader for the RespondentState of Maharashtra.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 16^TH APRIL 2025.

ORAL JUDGMENT : { Per A.S. Chandurkar, J. }

Rule. Rule made returnable forthwith and heard learned counsel for the parties.

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 balance amount of such further

grant.

1/2

14-WP-4184-2025.doc

Dixit

The learned Assistant Government Pleader, on instructions, submits that the Respondent no.2 is the Competent Authority to consider the entitlement of the Petitioner.

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.

Rule is disposed of in aforesaid terms with no order as to costs.

2/2

14-WP-4184-2025.doc Dixit