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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ravindra V. Ghuge, Ashwin D. Bhobe, JJ.
Daji Patil Shikshan Sanstha through its president and ors. – Petitioner
Versus
The Union of India Through its Pleader, The Education Principal Secretary, School Education & Sports Department Having its Office at New Delhi and ors.- Respondents
Writ Petition No. 16035 of 2025
Decided On : 02-12-2025
JUDGMENT :
RAVINDRA V. GHUGE. J.
1. Mentioned out of turn.
2. Rule. Rule made returnable forthwith and heard finally with the consent of the Parties.
3. The sole request made in this Writ Petition is for a direction to release the amount of arrears which the Petitioners claim, towards entitlement grants under the provisions of the Right of Children to Free and Compulsory Education Act, 2009.
4. Our attention is invited to the earlier orders passed in the Writ Petitions seeking similar relief. Thus, following the order passed in Writ Petition No.6020 of 2024 (Gurukul English Medium School Vs. The State of Maharashtra and Ors.), dated 2nd May 2024, the following directions are issued :-
(i) Time of eight weeks is granted to the Respondents/State of Maharashtra to scrutinize the case of each Petitioner.
(ii) The eligibility as well as quantum of reimbursement, would be determined by the concerned Respondent.
(iii) The admissible amount of reimbursement to such Petitioner, be released within a period of two weeks thereafter.
(iv) If any Petitioner is not entitled for any amount of reimbursement, a reasoned order to that effect be passed and such Petitioner would be at liberty to seek redressal of his grievance, in accordance with law.
4. This Writ Petition is disposed off in the above terms.
5. Rule is discharged.
The court emphasizes the timely release of education grants and mandates reasoned decisions for denied reimbursements under statutory obligations.
The court mandated timely scrutiny and release of entitlement grants under the Right of Children to Free and Compulsory Education Act, 2009, emphasizing swift action by authorities.
The court mandated timely processing of educational grant claims, ensuring compliance with statutory obligations for reimbursement under the relevant education Act.
The appropriate Government is mandated to reimburse unaided schools for expenses incurred in providing free pre-school education to disadvantaged children, in accordance with the Right to Education A....
Payments made under a reimbursement scheme cannot be recovered without clear evidence of fraud or misrepresentation, particularly when based on an erroneous interpretation of eligibility criteria.
The State Government has an unequivocal obligation to commence the admission process timely under the RTE Act, and cannot defer its responsibilities due to financial constraints from the Central Gove....
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