JUDGMENT : Anil Satyavijay Kilor, J. 1. By the present petition the petitioner parents are seeking direction to the respondents to admit their wards in the Fifth standard, in the school run by the respondent No. 3 at Koradi under the Right of Children to free and Compulsory Education Act 2009 (the Act 2009). 2. The facts in brief are that, the respondent No. 3 was running two unaided schools. The school at Civil Lines, Nagpur had standard I to IV and the school at Koradi which is at a distance of 6 to 7 km. from Civil lines school, has standard I to XII. Both the schools maintain two separate Unified District Information System for education (U-DISE) number. 3. The school at Civil Lines, Nagpur was closed down from the academic year 2020-21, wherefrom the wards of the petitioners have completed their Forth standard in the academic year 2019-20, in 25% seats under the Act of 2009. Hence for getting admission in the Fifth standard in Koradi school, present petition has been filed by the parents of 23 students. 4. Heard Shri Girish Kunte, learned counsel for the petitioner, Shri Madiwale, learned A.G.P. for the Respondent-State, Smt. Bharti Maldhure, learned counsel for the respondent no. 2-Education Officer (Primary) and Shri Rohit Joshi, learned counsel for the respondent no. 3-J.K. Education. 5. Shri Kunte, learned counsel for the petitioners submits that respondents by denying admission to the wards of the petitioners to the Fifth Standard in Modern School, Koradi, depriving them from their rights under the Act of 2009. 6. He submits that both the schools at Civil Lines and Koradi are of the Respondent No. 3 J.K. Education Society and the school at civil Lines had classes up to IV standard, thus for completion of elementary education up to VIII standard in natural course their wards should be admitted in the Fifth standard in the school at Koradi and such admission cannot be termed as transfer to another school as contemplated under section 5 of the Act 2009. 7. Shri Kunte, learned counsel for the petitioners further argues that the list of schools provided by the respondent no. 3 for admission to Fifth standard, cannot be considered as advantage for the petitioners particularly when they wanted to admit their wards in Modern School at Koradi. 8. Shri Joshi, learned counsel for the respondent no. 7. Shri Kunte, learned counsel for the petitioners further argues that the list of schools provided by the respondent no. 3 for admission to Fifth standard, cannot be considered as advantage for the petitioners particularly when they wanted to admit their wards in Modern School at Koradi. 8. Shri Joshi, learned counsel for the respondent no. 3 has shown readiness to accommodate and grant admission to the wards of the petitioners in Modern School, Koradi under the Act 2009. However, he submits that the respondent no. 2 shall reimburse the fees as provided under the provisions of Section 12(2) of the Act of 2009. 9. On the other hand Ms Maldhure, learned counsel for the respondent no. 2, has strongly opposed the petition on the ground that the schools at Koradi and Civil Lines of the respondent no. 3 cannot be treated as one unit as both the schools maintain two independent and separate U-DISE numbers. 10. She further argues that reimbursement under Section 12(2) of the Act of 2009 would not be permissible as the school at Koradi is an unaided school. 11. Ms. Maldhure, points out the list of 25 schools, which has already been provided by the respondent Education Officer to the petitioners, where vacancies for Fifth standard are available under the Act of 2009. She submits that at least five schools in the said list are English Medium Schools, where the wards of the petitioners can be accommodated. Thus, according to her, it is not the case that the wards of the petitioners are being denied their rights to free and compulsory education. 12. To consider the rival contentions of the parties, we have gone through the record and relevant provisions of the Act of 2009. 13. The questions that fell for our consideration are whether in the instant matter, seeking admission in the school at Koradi would amount to transfer to another school as contemplated under Section 5 of the Act 2009 and whether reimbursement under Section 12 (2) of the Act 2009 is permissible in the event the wards of the petitioner are admitted to the school at Koradi. 14. The Act of 2009 enacted by the parliament and came in force on 1st April 2010, which describes modalities of the importance of free and compulsory education for children between 6 and 14 and specifies minimum norms in elementary schools. 14. The Act of 2009 enacted by the parliament and came in force on 1st April 2010, which describes modalities of the importance of free and compulsory education for children between 6 and 14 and specifies minimum norms in elementary schools. It requires all private schools to reserve 25% of seats to children based on economic status or caste base reservation. The expenditure so incurred by a school belonging to specified category and an unaided school to extent of per child expenditure incurred by the State or the actual amount charged from the child, whichever is less, to be reimbursed by the State. 15. At this stage it is pertinent to refer to the relevant provisions of Act of 2009 which are reproduced hereunder: Section 2(n) (iv) "(n) "School" means any recognised school imparting elementary education and includes-- (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;" Section 5 Right of transfer to other school.-- (1) Where in a school, there is no provision for completion of elementary education, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education. (2) Where a child is required to move from one school to another, either within a State or outside, for any reason whatsoever, such child shall have a right to seek transfer to any other school, excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for completing his or her elementary education. Section 12 Extent of school's responsibility for free and compulsory education.-- (2) The school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory elementary education as specified in clause(c) of sub-section (1) 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: 16. Section 5 of the Act of 2009 is relating to right of transfer to other school, which envisages that in case there is no provision in the existing school for completion of elementary education or for any reason whatsoever, a child shall have a right to seek transfer to any other school, excluding the school specified in sub-clause (iii) and (iv) and clause (n) of Section 2, for completing his/her elementary education. 17. Clause (iv) of clause (n) of Section 2 says that School means an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or local authority. 18. Thus, it is clear that transfer to other school is a right and permissible in the eventuality if there is no provision of completing of elementary education in the existing school or for any reason whatsoever, with a rider that the school where the transfer is sought, shall be other than a school belonging to specific category or unaided school not receiving any grant to meet expenses from the appropriate Government or the local authority, else reimbursement under Section 12(2) of the Act 2009, is not permissible. 19. In the present matter, admittedly, the School at Civil Lines, which was closed down from the academic year 2020-2021 wherefrom the wards of the petitioner have cleared their Fourth Standard, had a separate U-DISE number whereas the school at Koradi maintains separate U-DISE number, though both the schools are of the respondent No. 3 management. Likewise it is undisputed that the school of the respondent No. 3 at Koradi is an unaided school. 20. Thus, we have no hesitation to hold that the School at Civil Lines and School at Koradi are two separate units and therefore on passing out the Fourth Standard from the school at Civil Lines, seeking admission to the school at Koradi, in the Fifth Standard amounts to transfer to other School as envisaged under Section 5 of the Act of 2009, though both the schools are of the same management. And the school at Koradi is being unaided school, not entitled for reimbursement u/s. 12(2) of the Act 2009, if the wards of the petitioner are admitted to the said school. 21. And the school at Koradi is being unaided school, not entitled for reimbursement u/s. 12(2) of the Act 2009, if the wards of the petitioner are admitted to the said school. 21. Moreover in the light of the admitted fact that the respondent Education Officer has already provided a list of 25 schools to the petitioners, where the wards of the petitioners can be admitted for the Fifth standard as per their choice, we reject the contention of the petitioners that, denying admission in the Fifth standard at Koradi, amounts to denying them their right under the Act 2009. In fact the petitioners have wide choice and numerous options for admission in the Fifth standard. 22. Thus, we do not find any merit in the present matter. Accordingly the writ petition is dismissed. No order as to costs. Later on 23. At this stage, learned counsel for the petitioners request for direction to the Education Officer to accommodate the wards of the petitioners in other schools within the radius of three kilometres. 24. We have observed in the judgment that the Education Officer has already provided a list of 25 schools where the vacancies are available for admission. 25. In view of the said fact, we direct the Education Officer to consider the request of the petitioners to accommodate the wards of the petitioners in the school as far as possible within the radius of three kilometres, if the vacancies are available, within a period of two weeks.