This Order is Speaking to Minutes order of order dated // v. The Union of India
Case at a glance
Outcome
Disposed of
The writ petitions are disposed of directing the respondent
Provisions considered
Key paragraphs
- Para 66. The writ petitions are disposed of directing the respondent Nos.2 to 5 to immediately undertake scrutiny of the proposals of each of these petitioners, claiming reimbursement, by undertaking necessary inquiry which shall happen, as expeditiously as possible and to be concluded in any case…
Judgment
Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao Advocate for Respondent No.1 - UOI : Mr. Bhushan Kulkarni AGP for Respondents/State : Mrs. K.B. Patil Bharaswadkar Advocate for respondent No.5 : Mr. P.D. Suryawanshi … AND 981 WRIT PETITION NO.8123 OF 2024
Saraswti Education Prasarak Mandal’s Bhalgaon Tq. Patharadi Dist. Ahmednagar through its Secretary Ashok S/o Pandurang Kharmate This Order is Speaking to Minutes order of order dated // spk2.975.WP.8102.24.odt
Indrayani Shikshan Sanshta Khedale (P), Tq. Newasa Dist. Ahamadnagar through its President, Mohiniraj S/o Bhaskar Hon, Mauli Shikshan Sanshta Supa, Tq.Parner Dist. Ahamadnagar through its Secretory, Aniket S/o Dadasaheb Pathare, Sanskar Pratishthan's, Ralegan-Shiddhi Tq.Parner Dist. Ahamadnagar through its President, Jalindar S/o Dadabhau Mapari, Kai. Shankarseth Lodha Memorial, Education Society Sonai Tq. Newasa Dist. Ahamadnagar. Through its Secretory, Paresh S/o Omprakash Lodha, Chatrapati Sambhajiraje Public School, Akhegaon Tq.Newasa Dist. Ahamadnagar. through its President, of Chhatrapati Sambhaji Maharaj Krishi Shikshan Vikas Va Bahuuddeshiya Prabodhini’s Shevgaon Dist. Ahmednagar Shivaji S/o Kisanrao Kate Indrayani Bhauuddeshiya Adhyatmik, Shikshan Sanshta Pingewadi, Tq.Shevgaon Dist. Ahamadnagar, through its Secretory, Sachin S/o Pandurang Vaidya, Khrist Niwas Trust's, Ghodegaon Tq. Newasa Dist. Ahamadnagar, through its Secretory, Neelmani Toppo … PETITIONER VERSUS The Union of India through Secretory Ministry of Education Department of School Education and Literacy, Shastri Bhavan New Delhi The State of Maharashtra, through its Secretory Department of School Educational and Sports Mantralaya, Mumbai This Order is Speaking to Minutes order of order dated // spk2.975.WP.8102.24.odt
The Finance Department Government of Maharashtra, through its Secretary 503, (Main) 5th Floor Mantralya, Hutatma Rajguru Chouk Madam Kama Road, Mumbai – 400 032 State of Maharashtra Directorate, of Primary Education, Dr. Aani Bezant Road Central Building Pune – 411 001 The Education Officer Primary Zhillha Parishad Ahmednagar. ... … RESPONDENTS Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao Advocate for UOI : Mr. Bhushan Kulkarni AGP for Respondents: Mr. D.R. Korde Advocate for respondent No.5 : Mr. Satish B. Parnere … AND 982 WRIT PETITION NO.8124 OF 2024 Bhagwanbaba Shikshan Prasarak Va Samajik Sanshta Ansurda Tq. & Dist. Dharashiv through its President Bhaskar s/o Prabhakar Bondar VERSUS The Union of India through Secretory Ministry of Education Department of School Education and Literacy, Shastri Bhavan New Delhi The State of Maharashtra, through its Secretory Department of School Educational and Sports Mantralaya, Mumbai The Finance Department Government of Maharashtra, through its Secretary 503, (Main) 5th Floor Mantralya, Hutatma Rajguru Chouk Madam Kama Road, Mumbai – 400 032 State of Maharashtra Directorate, of Primary Education, Dr. Aani Bezant Road Central Building Pune – 411 001
… PETITIONER This Order is Speaking to Minutes order of order dated // spk2.975.WP.8102.24.odt
5. The Education Officer Primary Zhillha Parishad Dharashiv … RESPONDENTS ... Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao Advocate for Respondent No.1 - UOI : Mr. Sadanand Sadashiv Deve AGP for Respondents/State : Mr. P.P. Dawalkar Advocate for respondent No.5 : Adv. B.B. Bhise … CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ. DATE : 01.08.2024 PER COURT: Leave granted to correct title. Amendment to be carried out forthwith.
2. Issue notices to the respondents for final disposal. Learned advocate Mr. Bhushan Kulkarni waives service for respondent No.1. Learned AGP waives service for respondent Nos.2 and 3. Learned advocate Ms. B.B. Bhise waives service for respondent No.5.
All these petitioners are the Educational Institutes running schools. They are seeking reimbursement of fees in lieu of admitting 25% students under the provisions of Right of Children to Free and Compulsory Education Act, 2009.
4. Though the respondent No.1 - Union of India has taken over burden to share some of such reimbursement, essentially, the State authorities respondent Nos.2 to 5 are supposed to undertake the scrutiny regarding entitlement of such petitioners seeking reimbursement. This Order is Speaking to Minutes order of order dated // spk2.975.WP.8102.24.odt
5. In the light of above, the prayers in all these petitions are innocuous.
Operative part
The writ petitions are disposed of directing the respondent Nos.2 to 5 to immediately undertake scrutiny of the proposals of each of these petitioners, claiming reimbursement, by undertaking necessary inquiry which shall happen, as expeditiously as possible and to be concluded in any case within six weeks. The petitioners shall be reimbursed to the extent found entitled to after such inquiry, within four weeks thereafter. (SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petitions are disposed of directing the respondent
Which statutory provisions did this judgment involve?
Right of Children to Free and Compulsory Education Act, 2009.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.