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2025 DAILYLAW 34694 (CHH)

LITTLE FLOWER ENGLISH MEDIUM SCHOOL v. STATE OF CHHATTISGARH

WPC/3618/2025 · 2025-07-14

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:32864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3618 of 2025 1 - Little Flower English Medium School Through Its Principal- Md. Anish Seikh, Aged About 46 Years, Having Its Office At Ward No. 13 District- Sakti C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. 2 - The Director, Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. 3 - The Collector, District Sakti, Chhattisgarh. 4 - The District Education Officer, District- Sakti C.G. 5 - Union Of India, Through The Secretary, Ministry Of Education, Shashtri Bhawan, New Delhi. ... Respondent(s) For Petitioner(s) : Mr. Sudhanshu Upadhyay, Advocate For Respondent/State For Respondent No. 5 : Mr. Satish Gupta, G.A. Mr. Tushar Dhar Diwan, C.G.C. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 15/07/2025 1. By way of the instant petition the petitioner has prayed for the following reliefs: “(i)That, this Hon’ble Court may kindly be pleased to allow the present writ petition 2 preferred by the petitioner and call for the records pertaining to the present case. (ii)That this Hon’ble Court may kindly be pleased to issue appropriate writ /order /direction to the respondents more particularly to Respondents No. 1 to 4 for releasing / reimbursing the undisputed claim amount of the petitioner amounting to Rs. 6,55,050/- (which is nothing but reimbursement amount of fees for the students who belong financially weaker section admitted in their school under RTE Act, 2009) for the academic year 2018-2019 within a reasonable period of time (iii) That this Hon’ble Court may kindly be pleased to issue an appropriate writ order direction to the Respondent Authorities thereby directing them to decide the pending representation of the petitioner in relation to the aforesaid claim and if the said amount is undisputed, the same may be released at the earliest. (iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel for the petitioner submits that the petitioner has made 3 several representation for consideration and payment has made several representation for consideration and payment of the dues, but till date the same has not been considered, therefore he prays for a direction to the concerned authorities to decide his representation and thereafter, if the claim amount is undisputed, the same may be released at the earliest. 3. Learned State Counsel submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent no. 1 to 4 to consider the pending claim towards the payment of dues, he is having no objection to the limited prayer and if the claim of the petitioner is pending, it will be considered in accordance with law. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the petitioner to file a fresh representation along with the relevant documents before the concerned authorities and in turn the respondent no. 1 to 4 shall consider/decide the claim of the petitioner as expeditiously as possible in accordance with law. If it is found that the petitioner is entitled for undisputed claim amount, the same shall be released at the earliest. 6. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) JUDGE Madhurima