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2025 DAILYLAW 47094 (CHH)

ST. CHARLES HIGHER SECONDARY SCHOOL v. STATE OF CHHATTISGARH

WPC/5876/2025 · 2025-11-10

Shri Parth Prateem Sahu

body2025

Judgment text

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1 / 3 2025:CGHC:54756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5876 of 2025 1. St. Charles Higher Secondary School Basna, Mahasamund, Chhattisgarh- 493554, Through- Fr. Vikas Kujur, Principal, S/o Fulgence Kujur, A/o 30 Years, R/o St. Charles Higher Secondary School, Basna, Mahasamund, Chhattisgarh- 493554 2. Raipur Diocess Educational Society, Raipur Khristbandhu Niwas, Bayron Bazar, Raipur, Chhattisgarh, Through- Secretary, Felix Fernandez Benedict, A/o 68 Years, S/o Francis Fernandez, R/o Paster Center, Bairan Bazar, Near Holy Cross English Medium School, Raipur- 492001 ... Petitioners versus 1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Raipur 2. Director Public Instructions, Chhattisgarh, Raipur, Chhattisgarh 3. District Education Officer Mahasamund, Chhattisgarh 4. Nodal School- Govt. Adarsh Higher Secondary School Basna, Dist.- Mahasamund, Chhattisgarh ... Respondents For Petitioner : Mrs. Surya Kavalkar Dangi, Advocate For Respondents-State : Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11/11/2025 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 This Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to release reimbursement amount of Rs. 6,06,590/-; pending from academic year 2022-23 to 2024-25 (Rupees Six lakhs six thousand five hundred and PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 ninety), to the petitioner school towards the expenditure incurred for imparting free education to students admitted under the RTE quota; 10.2 This Hon'ble Court may kindly be pleased to direct the respondents to pay interest on the delayed reimbursement at the rate of 6% per annum from the date it became due till the date of actual payment; 10.3 This Hon'ble Court may kindly be pleased to direct the respondents to ensure timely reimbursement in future years so long the students admitted under RTE quota continues their studies in the petitioner school; 10.4 That, this Hon'ble Court may kindly be pleased to pass any other writ, order or direction that this Hon'ble Court may deem just and proper in the facts and circumstances of the case.” 2. Learned counsel for petitioners submits that petitioners are educational institutions, providing education to the students under the Right to Education Act and according to the policy, petitioners’ institutions are entitled for the reimbursement of the amount every year. She submits that though the petitioners have submitted representation but till date is lying unconsidered and therefore direction be issued to the respondents to consider and take decision on the claim of petitioner. She further submits that petitioner may also be permitted to submit fresh detailed representation raising all the grounds therein and further direction be issued to Respondent No. 3 to decide the representation to be submitted by petitioners within specified time. 3. Learned counsel for the State submits that as the petitioners are not pressing this writ petition on merits and only seeking direction to take decision on the representation, he is having no objection to the limited prayer. He submits that representation will be considered in accordance with law. 4. On due consideration of the submission of learned counsel for the respective parties, nature of grievance, I find it appropriate to dispose of this writ petition at this stage permitting the petitioners to submit fresh representation before Respondent No. 3 raising all the grounds as raised in this writ petition and if 3 / 3 such a representation is submitted by petitioner, Respondent No. 3 shall consider and decide the same in accordance with law, expeditiously preferably within a further period of 30 days from the date of receipt of representation. 5. With the aforesaid observation and direction, writ petition stands disposed of. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE