Mukul Madhav Foundation and Anr. Vs the State of Maharashtra through Secretary and Ors.

The learned counsel for the Petitioners and the learned Assistant Government Pleaders for the Respondent-State submit that the issue raised in these writ petitions is covered by the order dated 2^nd May 2024 passed by this Court in Writ Petition No.6020 of 2024 (Gurukul English Medium School, Abdulat Vs. The State of Maharashtra & Others) along with connected matters. Both the learned counsel have agreed that the present petitions may be disposed of in terms of the directions issued in the said writ petition.

We have perused the order passed in Writ Petition No.6020 of 2024 wherein similar issue had arisen and this Court followed the directions issued in another Writ Petition No.10681 of 2023 (Jesus English Medium School Vs. The State of Maharashtra and Ors.), along with connected matters, dated 20^th September 2023. The relevant paragraph no.3 of the order dated 2^nd May 2024 in Writ Petition No.6020 of 2024 reads thus:-

“We have perused the order in Writ Petition No.10681 of 2023, wherein similar issue had arisen and this Court had passed the following order :-

Heard learned counsel for the parties.

2 All these petitions which are filed by different Schools in which grievances are made that the Petitioners are entitled to reimbursement of fees for the students admitted in the quota of 25% prescribed under Right to Education Act, though entitled are not being paid.

3 The Petitioners have relied upon Section 12 of Right To Education Act which reads thus:

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“Section 12. Extent of school’s responsibility for free and compulsory education -

(a) specified in sub-clause (I) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein

(b) specified in sub-clause (ii)of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five percent,

(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in clause I, to the extent of at least twenty-five percent, of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion.”

4 The learned counsel for the Petitioner submitted that inspite of repeated requests amount admissible to the Petitioner as above has not been paid to the Petitioner. The Petitioners allege that the Central Government has already released grants to the State Government for refund of fees to the 25% quota under the Act. Yet, the amount is not been passed on to the Petitioner which is affecting their functioning.

5 No reply as yet is filed though the petition was adjourned. The learned AGP states that concerned officer is present. The Respondents will have to scrutinize case of the Petitioner as regards eligibility, quantum and thereafter will have to take necessary steps. Learned AGP on instructions states that cases of each of the Petitioner would be scrutinized within a period of two weeks, so as to ensure that there is no further time sought on behalf of the State.

6 We grant four weeks time to the State, within this period the case of each of the Petitioner would be scrutinized and the eligibility quantum be determined by the concerned Respondent. The admissible amount to the Petitioner would be released within a period of 2 weeks thereafter. If the Petitioners are not entitled then the order to that effect would be passed. If the Petitioners are aggrieved by total denial or partial disimbursement of the amount claimed by them, it is open to them to take such action as has been permissible in law.

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Following the aforesaid order, we grant eight weeks’ time to the respondent-State of Maharashtra within which period the case of each Petitioner would be scrutinized and the eligibility as well as quantum of reimbursement would be determined by the concerned Respondent. The admissible amount of reimbursement to such Petitioner would be released within a period of two weeks thereafter. If any Petitioner is not entitled for any amount of reimbursement, an order to that effect would be passed and such Petitioner would be free to take appropriate steps in accordance

with law.