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2025 DAILYLAW 17315 (RAJ)

DHRUVA EDUCATIONAL SOCIETY v. THE STATE OF RAJASTHAN

CW/7608/2023 · 2025-07-16

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7608/2023 Dhruva Educational Society, Having Its Registered Office, Plot No. A-2 Mahaveer Colony, Opposite Hotel Club Mahindra, Old Ramgarh Road, Amer Road, Jaipur Pin 302002, Through Authorized Signatory Usha Kataria W/o Ravindra Kataria, Aged About 43, R/o Plot No. A-2 Mahaveer Colony, Opposite Hotel Club Mahindra, Old Ramgarh Road, Amer Road, Jaipur Pin 302002. ----Petitioner Versus 1. The State Of Rajasthan, Through The Principal Secretary Of Education, State Secretariat, Jaipur. 2. The Director Of Primary And Secondary Education, Rajasthan, Bikaner. 3. District Education Officer, Jaipur (First) Shiksha Sankul, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Ms. Naina Saraf Mr. G.K. Sharma, AGC JUSTICE ANOOP KUMAR DHAND Order 16/07/2025 1. The instant writ petition has been preferred with the following prayer: “It is, therefore humbly prayed that your lordships are pleased to allow this writ petition and further pleased to direct the respondents to pay claim bills total amount Rs.7,85,484/-(seven hundred eighty-five thousand four hundred eighty-four rupees) at an annual interest rate of 12% to the petitioner. Any other order or direction that this Hon'ble Court deems just and proper in the facts (2 of 3) [CW-7608/2023] and circumstances of the case may also be passed in the favour of the petitioner.” 2. By way of filing this writ petition, the petitioner is seeking direction against the respondent for reimbursement of bills of Rs.7,85,484/- pertaining to the due amount under the Right of Children to Free and Compulsory Education Act, 2009 (for short ‘the Act of 2009’). 3. Learned counsel for the respondents opposed the prayer and submitted that as per the circular order dated 11.11.2019 issued by the Department of Education for academic session 2018-19, the last date for submission of application form for getting reimbursement was fixed for 30.11.2019. Counsel submits that in the instant case, the application was submitted after cutoff date i.e. on 03.12.2019. Counsel submits that since the application was submitted after cutoff date, hence, the amount claimed by the petitioner has not been disbursed. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. The contents of the writ petition indicates that for seeking reimbursement of amount in question under the Act of 2009, an application was submitted by the petitioner in the office of the respondents on 03.12.2019 i.e. after a delay of three days. 6. In the considered opinion of this Court, three days delay in filing application is not fatal and the same should not have been rejected on this technical count alone. This Court deems it just and proper to dispose of the instant writ petition granting liberty to the petitioner to file a detailed (3 of 3) [CW-7608/2023] comprehensive representation in the office of the respondents stating the reasons of delay. 7. In case, such application is submitted by the petitioner within a period of four weeks from today, it is expected from the respondents to decide the said application sympathetically and pass appropriate, reasoned and speaking order within a period of two months thereafter. 8. With the aforesaid observations, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. 9. Since the petitioner is not aware about passing of this order, let a copy of this order be sent to the petitioner on its address mentioned in the array of cause title. (ANOOP KUMAR DHAND),J KuD/82