DAJI PATIL SHIKSHAN SANSTHA DEOLA THROU. ITS PRESIDENT JITNEDRA RATAN AHER AND ORS v. THE UNION OF INDIA AND ORS
Directions for Arrears Release under the Right to Education Act: Scrutiny, Eligibility Determination, and Reimbursement Guidelines.
Court: Bombay High Court
Citation: 2025:BHC-AS:53068-DB
Decision Date: 02-12-2025
List of Laws
The Right of Children to Free and Compulsory Education Act, 2009; Writ Petition
- Facts: Several educational institutions (Daji Patil Shikshan Sanstha, Kids Learning School, Saraswati Vidya Mandir, Shree Siddhivinayak School, Dyanpratithan Bahudeshiya Shaikshanik Samajik Sevabhaji Sanstha, Yashodhan Shaikshanik and Samajik Sanstha, Sharda Public School Ajmir Saundane, and Mali Education Society) filed a writ petition seeking the release of arrears towards entitlement grants.
- Procedural Posture: The case is a Writ Petition (No. 16035 of 2025) before the High Court of Judicature at Bombay, Civil Appellate Jurisdiction. The rule was made returnable forthwith and heard finally with the consent of the parties.
- Issue: Whether the Petitioners are entitled to a direction for the release of arrears claimed under the Right of Children to Free and Compulsory Education Act, 2009.
- Holding: The Writ Petition is disposed of with directions to the Respondents/State of Maharashtra to scrutinize the case of each Petitioner, determine eligibility and quantum of reimbursement, and release the admissible amount within a specified period. If any Petitioner is not entitled to reimbursement, a reasoned order must be passed, allowing the Petitioner to seek redressal in accordance with law.
- Reasoning: The Court referred to earlier orders passed in similar writ petitions, specifically Writ Petition No. 6020 of 2024 (Gurukul English Medium School Vs. The State of Maharashtra and Ors.), dated 2nd May 2024, and issued similar directions to ensure a fair and lawful determination of the petitioners' entitlement to reimbursement. The court directed scrutiny within eight weeks, determination of eligibility and quantum by the concerned respondent, and release of admissible amounts within two weeks thereafter. The court also mandated a reasoned order for any denial of reimbursement, allowing the petitioner to seek legal recourse.
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