WEIDNER MEMORIAL HIGHER SECONDARY SCHOOL, v. STATE OF CHHATTISGARH
WPC/6137/2025 · 2025-11-23
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59360 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59360 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:56907
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6137 of 2025 1 - Weidner Memorial Higher Secondary School, FCI Road, Mahasamund C.G. Through Deyanand Bhag, Principal S/o Asharam Bagh, A/o 49 Years, R/o Weidner Memorial Higher Secondary School, Mahasamund C.G. 2 - Vidya Jyoti Vikas Society, Raipur Pastorol Centre, Bayron Bazar, Raipur C.G. 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. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Raipur 2 - Director, Public Instructions, Chhattisgarh Raipur C.G. 3 - District Education Officer, Mahasamund C.G. 4 - Nodal School Govt. Girls Higher Secondary School, Mahasamund C.G.
... Respondent(s) For Petitioner : Ms. Palak Dwivedi, Advocate For Respondents/State : Mr. Satish Gupta, Govt. Advocate with Mr. Rishabh Bisen, Panel Lawyer
Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.11.28 11:05:28 +0530
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Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 24/11/2025
1. Petitioners have 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. 37,40,390/-; pending from academic year 2021-22 to 2024-25 (Rupees Thirty seven lakhs forty thousand three hundred and 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 of Children to Free and Compulsory Education Act, 2009 and according to the policy, petitioners’ institutions are entitled for the reimbursement
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She submits that though petitioners have submitted representation requesting the authorities to reimburse the pending amount but till date no action has been taken and, therefore, a direction be issued to the respondents to consider and take decision on the claim of petitioners. She further submits that petitioners 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 State submits that as petitioners are not pressing this writ petition on the merits and only seeking a 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. Heard learned counsel for respective parties and also perused the documents enclosed along with this writ petition. 5. On due consideration of the submissions made by learned counsel for the respective parties, nature of grievance, I find it appropriate to dispose off 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 such a representation is submitted by petitioners, respondent No. 3 shall consider and decide the same in accordance with law, expeditiously, on its own merit, preferably within a further period of 3 months from the date of receipt of representation. 4 / 4
6. With the aforesaid observation/direction, this writ petition is disposed off. Certified copy as per rules. Sd/- Sd/- (Parth Prateem Sahu)
Judge Praveen