Bombay High Court
CITY INTERNATIONAL SCHOOL KOTHRUD THRU PRINCIPAL PADMAJA CHAVALIversusTHE STATE OF MAHARASHTRA THRU PRINCIPAL AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed with directions for the school to file a fresh claim and for the Zilla Parishad and State authorities to determine and release any reimbursement within the stipulated timeline.
Summary
The petitioner, City International School Kothrud, filed a writ petition seeking reimbursement of fees paid for students admitted under the 25% quota mandated by the Right of Children to Free and Compulsory Education Act, 2009. The High Court, recalling its earlier order in Sanskar Primary and High School Pune v. State of Maharashtra, directed the school to submit a fresh, properly formatted claim with supporting documents to the Zilla Parishad within a week. The Zilla Parishad was ordered to seek any further information from the school, forward its recommendations to the State authorities, and the State was to determine eligibility and quantum of reimbursement within specified timelines. Upon determination, the State would release the amount to the Zilla Parishad, which would then pay the school, all within the court‑prescribed schedule. If the school is found ineligible, a reasoned order must be issued. The petition was disposed with these procedural directions and no order on costs.
Issues considered
- Whether the school is entitled to reimbursement of fees for students admitted under the 25% quota under the RTE Act
- What procedural steps must be followed for the school to claim such reimbursement
Legislation cited
Subjects
- Right to Education
- Fee reimbursement
- 25% quota
- Writ petition
- Procedural directions
- Maharashtra
- Zilla Parishad
Judgment
911-WP-10361-26.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10361 OF 2026
City International School Kothrud …Petitioner
Versus
The State of Maharashtra & Ors. …Respondents
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Mr. Sohan Gunjal for the Petitioner.
Mr. P.P. Kakde, Addl.G.P. with Ms. D.S. Deshmukh, AGP for the
Respondent-State.
S. V. Gavand a/w P.H. Gaikwad for Respondent no. 3 – ZP Pune.
----------
CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J
DATE : 20 August 2026
ORDER :
1. Rule. Rule made returnable forthwith. Heard finally by
consent of the parties.
SHARAYU
PANDURANG
KHOT
2. By the present Writ Petition, the Petitioner - School has
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.08.24
17:58:34
sought for reimbursement of fees of their students admitted under
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the 25% quota in terms of the provisions of Right of Children to Free
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911-WP-10361-26.doc
and Compulsory Education Act, 2009 (“RTE Act”).
3. Heard the learned Counsel appearing for the parties. We
have perused the prior orders passed by this Court, including the
order dated 5th August 2026 in Sanskar Primary and High School
Pune Vs. The State of Maharashtra and Ors.1, where similar relief had
been sought and directions have been issued by this Court.
Accordingly, in the present Writ Petition, we pass the following
order.:-
i. Notwithstanding the Petitioner - School having
submitted its representations to Respondent No.3 -
Zilla Parishad, Pune, together with the statement of
actual dues for which reimbursement has been sought,
the Petitioner – School shall address a fresh
communication in the prescribed format annexing the
supporting documents, which are relied upon for
claiming reimbursement of their dues within a period
of one week from today i.e., on or before 27th August
2026 to Respondent No.3 – Zilla Parishad, Pune.
1 WP 9828/2026
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911-WP-10361-26.doc
ii. Respondent No. 3 – Zilla Parishad, Pune shall upon
receipt of such communication, within a period of one
week therefrom i.e., on or before 3rd September 2026
call upon the Petitioner – School to comply with the
remaining requisitions, if any. This shall be complied
with by the Petitioner – School within a period of one
week thereafter i.e., on or before 10th September
2026.
iii. Respondent No.3 – Zilla Parishad, Pune shall then
forward their recommendations to Respondent Nos. 1
and 2 – State on the Petitioner – School’s proposal
within a period of two weeks therefrom i.e., on or
before 24th September 2026.
iv. Respondent Nos. 1 and 2 – State shall upon receipt of
the recommendations of Respondent No.3 – Zilla
Parishad, Pune determine the eligibility as well as the
quantum of reimbursement due and payable, within a
period of seven weeks thereafter i.e., on or before
12th November 2026.
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911-WP-10361-26.doc
v. The admissible amount shall thereafter be released by
Respondent Nos. 1 and 2 – State to Respondent No.3 –
Zilla Parishad, Pune within a period of two weeks
from such determination i.e., on or before 26th
November 2026.
vi. Respondent No.3 – Zilla Parishad, Pune in turn, shall
release such amount to the Petitioner – School within
a period of one week from the receipt of the said
amount i.e., on or before 3rd December 2026.
vii. In the event the Petitioner – School is held to be not
entitled for any amount of reimbursement, a reasoned
order to that effect shall be passed and the Petitioner –
School shall then be at liberty to seek redressal of its
grievances, if any, in accordance with law.
Viii. The aforesaid timelines have been prescribed after
taking into account the submissions made by the
Respondents and the period sought by them for such
compliance. Accordingly, the timelines shall be strictly
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911-WP-10361-26.doc
followed.
ix. The present Writ Petition is disposed of in terms of the
aforesaid order. There shall be no order as to costs.
4. Place the present Writ Petition on 3rd December 2026
under the caption “For Compliance”. If by then, the directions given
in this order have not been complied with, the concerned Officers of
Respondent Nos. 1 and 2 – State and Respondent No.3 – Education
Officer (Primary) of the Zilla Parishad, Pune, respectively, shall
remain present in Court to explain the reason for such non-
compliance on their part.
[FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.]
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