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2025 DAILYLAW 60446 (CHH)

SANDIPANI ENGLISH MEDIUM SCHOOL v. STATE OF CHHATTISGARH

WPC/6379/2025 · 2025-12-07

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:59372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6379 of 2025 1 - Sandipani English Medium School Through Its Head Master Smt. Poonam Pandey W/o Shri Atul Pandey Aged About 32 Years R/o Bazar Para, Vill. Manpur, Tehsil Manpur District - Mohla Manpur Ambagarh Chowki Chhattisgarh (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 3 - The Collector Rajnandgaon District- Rajnandgaon Chhattisgarh 4 - The District Education Officer District- Rajnandgaon, (C.G.) 5 - Union Of India Through The Secretary, Ministry Of Education, Shastri Bhawan , New Delhi ... Respondents For Petitioner : Mr. Sudhanshu Upadhyay, Advocate For Respondents/State : Mr. R.S. Marhas, Additional Advocate General For Respondent No. 5 : Ms. Anmol Sharma, Central Government Counsel SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08 /12/2025 1. The petitioner has filed this writ petition seeking following reliefs:- 2 “10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ / order / direction to the Respondents more particularly to Respondent No. 1 to 4 for releasing / reimbursing the undisputed claim amount of the Petitioner amounting to Rs.2,09,932/- (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 year2019-20 within a reasonable period of time. 10.2 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. 10.3 That any other order/relief which this Hon'ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice along with the cost of the petition may kindly also be awarded to the petitioners.” 2. Learned counsel for petitioner submits that petitioner is an educational institution providing education to the students under the Right of Children to Free and Compulsory Education Act, 2009 and according to the policy, petitioner institution is entitled for the reimbursement of the amount every year. He submits that though petitioner has 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. He 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. 4 to decide the representation to be submitted by petitioners within specified time. 3. Learned counsel for State submits that as petitioner is not pressing this writ petition on the merits and only seeking a direction to take 3 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 petitioner to submit fresh representation before Respondent No. 4 raising all the grounds as raised in this writ petition and if such a representation is submitted by petitioners, Respondent No. 4 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. 6. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY