C/M, DR. BHIMRAO AMBEDKAR HARIJAN SHISHU SHIKSHA NIKETAN THRU. MANAGER, SHIV BACHAN SINGH YADAV v. U.O.I. THRU. SECY., DEPTT. OF SCHOOL EDU. AND LITERACY, MINISTRY OF HUMAN RESOUSE DEPTT. AND ORS
WRIC/3075/2025 · 2025-04-08
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130887 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130887 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19645 Court No. - 8 Case :- WRIT - C No. - 3075 of 2025 Petitioner :- C/M, Dr. Bhimrao Ambedkar Harijan Shishu Shiksha Niketan Thru. Manager, Shiv Bachan Singh Yadav Respondent :- U.O.I. Thru. Secy., Deptt. Of School Edu. And Literacy, Ministry Of Human Resouse Deptt. And Ors Counsel for Petitioner :- Pawan Kumar Pandey,Ajay Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Sarvesh Kumar Dubey Hon'ble Jaspreet Singh,J.
1. Notice on behalf of respondent no.1-Union of India has been accepted by the office of the Deputy Solicitor General of India and Ms. Pali Anurag, Advocate has put in appearance on behalf of the Union of India. Notices on behalf of respondent nos. 2 and 5 has been accepted by the learned Chief Standing Counsel, while notice on behalf of respondent no. 3 has been accepted by Shri Sarvesh Kumar Dubey, Advocate. 2. Heard learned counsel for the parties. 3. Petitioner seeks the following reliefs:-
"i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to reimburse and release the funds to the School imparting Free and Compulsory Education as provided under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009; ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay arrears of fee reimbursement of the students admitted in the petitioner School which accrued from the academic year 2010-11 till date i.e. from the date of enforcement of Right of Children to Free and Compulsory Education Act, 2009."
4. Counsel for the petitioner submits that the Anusuchit Jaati Avam Anusuchit Jan Jaati Kendrita [P.I.L] had filed Writ Petition No.11727 (M/B) of 2015 before this Court which was dismissed vide order dated 30th November, 2018. Thereafter, the petitioner approached the Apex Court and vide order dated 22nd July, 2022 the Apex Court had permitted the petitioner to raise their grievances individually and thereafter the petitioner has made several representations to the respondent nos. 2 and 3, including dated 01.03.2025, a copy of which is annexed as Annexure no.10 to the petition however, no decision has been taken. 5. Considering the nature of dispute as well as the claim raised by the petitioner which requires verification of factual matrix
and moreover the respondent no.
2 is already seized with the representation, hence, this Court is not inclined to interfere at this stage. This Court is of the view that no gainful purpose would be served in keeping this petition pending or calling for a response of the State and ends of justice would be governed by directing respondent no. 2 to consider the claim/representation of the petitioner. Thus, respondent no. 2 is directed to consider the claim/representation of the petitioner, a copy of which has been brought on record as Annexure-8 to the petition, and decide the same in accordance with law expeditiously, preferably within a period of six weeks form the date of production of certified copy of this order. It is clarified that this Court has not examined the claim raised by either of the parties on merits. 7. With the aforesaid observations/directions, the writ petition stands disposed of. Order Date :- 8.4.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench