Abdul Moin, J. - (1.) Heard learned counsel for the petitioner and Sri Rajesh Tiwari, learned Additional Chief Standing counsel appearing for the State-respondents.
(2.) By means of the present petition, the petitioners, two educational institutions, have prayed for the following reliefs:- "Issue a writ, order or direction or in the nature of mandamus directing the respondents-state to forthwith calculate and declare the amount of per pupil expenditure being meted by them in their schools of category 2(n)(i) for the academic session 2017-18 onwards regularly and further direct the Respondents-State to also calculate and declare the per pupil expenditure as already incurred by them for academic session 2015-16, 2016-17, so that arrears of reimbursement amount for imparting educational instructions to the children under the RTE Act,2009 as allocated by the State Authorities in their institutions may be received by them. Issue a writ, order or direction of or in the nature of mandamus directing the Respondents-State in any manner compelling the petitioners to admit the children as per allocations under RTE Act, 2009 as being made by the educational authorities, in case the respondents fail to comply with the Rule 8 (2) of the U.P. R.T.E Rules 2011 and fail to make a declaration of per pupil expenditure being incurred by them in their own schools during subsequent academic sessions. Issue any other writ, order or direction as this Hon'ble Court may deem just and proper in the circumstances of the case. Award costs in favour of the petitioner."
(3.) It is submitted by the petitioners that under the provisions of Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as "Act, 2009"), the State respondents are required to calculate and declare the amount of per child expenditure being meted by the educational institutions in the schools of category 2(n)(i). It is argued that both the petitioners institutions fall within the ambit of Section 12 (c) of the Act, 2009. In terms of Section 12 (2) of the Act, 2009, the school specified in Section 2 (n) (iv) which is providing free and compulsory elementary education as specified in sub Section (1) clause (c) shall be reimbursed expenditure so incurred by it to the extent of per-child expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed.;