C/M, DR. BHIMRAO AMBEDKAR HARIJAN SHISHU SHIKSHA NIKETAN, THRU. MANAGER SHIV BACHAN SINGH YADAV v. U.O.I. THRU. SECY., DEPTT. OF SCHOOL EDUCATION AND LITERACY, MINIS. OF HUMAN RESOUCE DEPTT. AND ORS
WRIC/3094/2025 · 2025-04-02
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131092 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18287 Court No. - 8 Case :- WRIT - C No. - 3094 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 Education And Literacy, Minis. Of Human Resouce Deptt. And Ors Counsel for Petitioner :- Pawan Kumar Pandey,Ajay Kumar,Vittan 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 Shri Varun Pandey, Advocate, and notices on behalf of respondent nos. 2 and 5 have 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 petitioner 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, 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 :- 2.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench