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 Act.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of parties in view of the urgency expressed and the issues raised.

2. The petitioners, an unaided private school, imparting education in pre - school and elementary school, have filed this writ petition referring to the provisions of Art.14, Art.19(1)(g), Art.21, Art.21A and Art.226 of the Constitution of India and S.11, S.12 of the Right to Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "the Act") and R.12(b) of the Maharashtra Right of Children to Free and Compulsory Education (Manner of admission of Minimum 25% children in Class I or Pre - school at the entry level for the children belonging to disadvantaged group and weaker section) R.2013 (The R.2013).
R.12 of the R.2013 read as under:
12 Procedure for reimbursement. - (a) Schools shall provide free education to all children admitted under these rules till the completion of their elementary education ;
(b) Such schools as provide admission as per these Rules shall only be eligible for reimbursement of their expenses as per S.12(2) of the Act. No other reimbursement shall be eligible including admission in any pre - school classes ;
(c) Schools shall submit their claims for reimbursement (Form - V) to the concerned Education Officer in two installments : -
(i) 1st installment. - After the start of the academic year (once the admission procedure is over) but latest by September 30th. Claim for 1st installment must be accompanied with a declaration by the school that (a) full, proper , and transparent procedure (as per the Act and Rules) was followed in the presence of the members of the Admission Committee including nominee of the Education Officer, and (b) these children would have not got admission but for the provisions of the Act ;
(ii) 2nd installment:
After the completion of the academic year say by 30th May. Claim for the 2nd installment must be accompanied with a declaration from the school that all children admitted under these Rules have completed the academic year successfully and have been promoted and given admission to the next higher class in the same school.
(d) Education Officer on his satisfaction about the correctness of the information submitted by the school and the fulfillment of the conditions of the Act and Rules there under shall submit the claim of eligible amount for the eligible period as per the Act etc. within one month of the receipt of the respective claims to the Director of Education (Primary) for further action.
(e) Schools not following due procedure laid down in these rules will not be eligible for reimbursement besides other actions as per the Act.
(f) If the claim for reimbursement is found to be fraudulent, incorrect, or improper etc. police case will be registered against the school.

3. The Act was brought into force with effect from 1st April 2010 vide order dated 16th February 2010 issued by the Government of India. The R.2012 are notified on 15th March 2013. R.12(b) of these Rules is also impugned. The Circular No.Ra / Zipa / Education / Sashia / 3227/2013 dated 30th March 2013 issued by the Raigad Zilla Parishad, Alibag under the 'Sarva Shiksha Abhiyan' is also impugned in this Petition.

4. Basic prayers clauses (a) and (c) read as under :
"(a) That this Hon'ble Court be pleased to declare under the provisions of the Right of Childre