ST. XAVIERS HR. SEC. SCHOOL v. STATE OF CHHATTISGARH
WPC/6266/2025 · 2025-12-03
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60445 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60445 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:58793
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6266 of 2025 1 - St. Xaviers Hr. Sec. School Shanti Nagar, Supela, Bhilai, District - Durg, Chhattisgarh Through - Fr. Basil Tirkey, Principal, S/o Jhadiya Tiekey, A/o 39 Years, R/o St. Xaviers Hr. Sec. School, Shanti Nagar, Supela, Bhilai, District - Durg, Chhattisgarh 2 - Vidya Jyoti Vikas Socitey, Raipur Pastoral Centre, 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 District - Durg, Chhattisgarh 4 - Nodal School - Govt. Girls Higher Secondary School Vaishali Nagar, Bhilai, District - Durg, Chhattisgarh
... Respondents For Petitioner : Ms. Palak Dwivedi, Advocate For State : Mr. Satish Gupta, Government Advocate ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.04 17:38:04 +0530
2 Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 04.12.2025
1. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India, 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. 15,88,600/- pending from academic year 2020-21 to 2024-25 (Rupees Fifteen Lakhs Eighty Eight Thousand and Six Hundred), 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
3 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 copy of details of pending fees submitted to the respondent District Education Officer Annexure P/4 dated 20.06.2025, but till date is lying unconsidered,and therefore, 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/District Education Officer, District- Durg 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. I have heard learned counsel for the respective parties and perused the documents enclosed along with this writ petition.
5. 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/District Education Officer, District - Durg 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
4 preferably within a further period of 60 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) alfiza
JUDGE