Case Note & Summary
The petitioners, eight private educational institutions, filed a writ petition before the Bombay High Court seeking a direction to the respondents, including the Union of India, the State of Maharashtra, and the Director of Education, to release arrears of entitlement grants claimed under the Right of Children to Free and Compulsory Education Act, 2009. The sole request was for the release of these arrears. The court noted that similar relief had been sought in earlier petitions and referred to the order in Writ Petition No.6020 of 2024 (Gurukul English Medium School Vs. The State of Maharashtra and Ors.) dated 2nd May 2024. Following that precedent, the court directed the respondents to scrutinize the case of each petitioner within eight weeks and determine their eligibility and the quantum of reimbursement. The petition was disposed of with these directions, and rule was made absolute.
Headnote
A) Education Law - Right to Education - Reimbursement of Grants - Right of Children to Free and Compulsory Education Act, 2009 - Petitioners, private schools, sought direction for release of arrears of entitlement grants under the RTE Act. Court directed the State to scrutinize each petitioner's case within eight weeks and determine eligibility and quantum of reimbursement, following earlier orders in similar petitions. Held that the State must process and release legitimate dues expeditiously (Paras 3-4).
Issue of Consideration
Whether the State is obligated to release arrears of entitlement grants under the Right of Children to Free and Compulsory Education Act, 2009 to private schools.
Final Decision
The court directed the respondents to scrutinize the case of each petitioner within eight weeks and determine eligibility and quantum of reimbursement. Rule made absolute.
Law Points
- Right of Children to Free and Compulsory Education Act
- 2009
- Reimbursement of grants
- Arrears
- Scrutiny by State
Case Details
Writ Petition No. 16035 of 2025
Ravindra V. Ghuge, Ashwin D. Bhobe
Vaibhav Ugle, Shubham Dasvant (for Petitioners); P. P. Kakade, V. G. Badgujar (for Respondent-State)
Union of India, State of Maharashtra, Director of Education, Pune, District Education Officer (Primary) Nashik
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Nature of Litigation
Writ petition seeking direction for release of arrears of entitlement grants under the Right of Children to Free and Compulsory Education Act, 2009.
Remedy Sought
Petitioners (private schools) sought a direction to the respondents to release the amount of arrears claimed as entitlement grants under the RTE Act.
Filing Reason
Non-release of arrears of entitlement grants under the RTE Act by the State authorities.
Previous Decisions
Similar relief was granted in Writ Petition No.6020 of 2024 (Gurukul English Medium School Vs. The State of Maharashtra and Ors.) dated 2nd May 2024.
Issues
Whether the State is obligated to release arrears of entitlement grants under the RTE Act to private schools.
Submissions/Arguments
Petitioners argued for release of arrears; State did not oppose but sought time to scrutinize.
Ratio Decidendi
The State must scrutinize claims for reimbursement under the RTE Act and release legitimate dues expeditiously, following earlier precedents.
Judgment Excerpts
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.
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.
Procedural History
The petition was mentioned out of turn, rule was issued and made returnable forthwith, and heard finally with consent. The court referred to an earlier order in Writ Petition No.6020 of 2024 and issued similar directions.
Acts & Sections
- Right of Children to Free and Compulsory Education Act, 2009:
