Bombay High Court
JAGDISH KRISHNA EDUCATIONAL SOC AND ANRversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court did not adjudicate the substantive entitlement but ordered a procedural mechanism to assess the claim and, if denied, to issue a reasoned order.
Summary
The Jagdish Krishna Educational Society, operating schools in Bhiwandi, filed a writ petition seeking reimbursement of fees under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009. The petitioners alleged that they were entitled to such reimbursement and had already submitted representations to the Zilla Parishad, Thane. The High Court, after reviewing prior orders including the Sanskar Primary and High School Pune case, directed the petitioners to submit a fresh, properly formatted communication with supporting documents within a week. The Court then set a detailed timetable for the Zilla Parishad to verify the claims, forward recommendations to the State, and for the State to determine eligibility and quantum of reimbursement, with specific deadlines for each step. The Court further ordered that if the petitioners are found not entitled, a reasoned order must be passed, allowing them to seek further redress. The petition was disposed with these compliance directions and no order on costs.
Issues considered
- What is the eligibility of schools for fee reimbursement under Section 12(2) of the RTE Act, 2009?
- Whether the petitioners have complied with the procedural requirements for claiming reimbursement?
- Whether the State and Zilla Parishad have the authority to determine and disburse the reimbursement amount?
Legislation cited
Subjects
- RTE Act
- Section 12(2)
- fee reimbursement
- writ petition
- education law
- procedural order
- Zilla Parishad
Judgment
905-WP 10667.2026.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10667 OF 2026
Jagdish Krishna Educational Society, Bhiwandi
through its Secretary and Anr. …Petitioners
Versus
The State of Maharashtra & Ors. …Respondents
----------
Mr. Dnyaneshwar Pokale for Petitioners.
Mr. P.P. Kakade, Addl. GP a/w Ms. Priyanka B. Chavan, AGP for
Respondent – State.
Mr. Shrishail Sakhare for Respondent Nos. 4 & 5.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 20H AUGUST 2026.
ORDER :
1. Rule. Rule made returnable forthwith. Heard finally by
consent of the parties.
2. By this Writ Petition the Petitioners have sought for
reimbursement of their fees in respect of the Petitioners – Schools in
KAVITA
SUSHIL accordance with Section 12(2) of the Right of Children to Free and
JADHAV
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.08.24
18:55:11 +0530
Compulsory Education, Act 2009 (“RTE Act”).
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905-WP 10667.2026.doc
3. Heard the learned Counsel for the parties.
4. We 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 in Writ Petition
No.9826 of 2026, wherein similar prayer was sought and directions
were issued by this Court.
5. Accordingly, in the present Writ Petition we pass the
following order:
(i) Notwithstanding the Petitioners - Schools having
submitted their representations to Respondent No.5 –
Education Officer (Primary), Zilla Parishad, Thane,
together with the statement of actual dues for which
reimbursement has been sought, the Petitioners –
Schools 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 31th August 2026 to Respondent Nos. 4 & 5
– Zilla Parishad, Thane.
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905-WP 10667.2026.doc
(ii) Respondent Nos. 4 & 5 – Zilla Parishad, Thane
shall, upon receipt of such communication, within a
period of one week therefrom i.e., on or before 7 th
September, 2026 call upon the Petitioners – Schools to
comply with the remaining requisitions, if any. This shall
be complied with by the Petitioners – Schools on or
before 15th September, 2026.
(iii) Respondent Nos. 4 & 5 – Zilla Parishad, Thane
shall, then forward their recommendations to
Respondent Nos. 1 to 3 – State on the Petitioners –
Schools’ proposal within a period of two weeks
therefrom i.e., on or before 29th September 2026.
(iv) Respondent Nos. 1 to 3 – State shall, upon receipt
of the recommendations of Respondent Nos. 4 & 5 – Zilla
Parishad, Thane 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 17th
November, 2026.
(v) The admissible amount shall thereafter be
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905-WP 10667.2026.doc
reimbursed by Respondent Nos. 1 to 3 – State to
Respondent Nos. 4 & 5 – Zilla Parishad, Thane within a
period of two weeks from such determination i.e., on or
before 1st December, 2026.
(vi) Respondent Nos.4 & 5 – Zilla Parishad, Thane in
turn, shall release such amount to the Petitioners –
Schools within a period of one week from the receipt of
the said amount i.e., on or before 8th December, 2026.
(vii) In that event, the Petitioners – Schools are held to
be not entitled for any amount of reimbursement, a
reasoned order to that effect shall be passed and the
Petitioners – Schools 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
followed.
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(ix) The present Writ Petition is disposed of in terms of
the aforesaid order. There shall be no order as to costs.
6. Place the present Writ Petition on 14th 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 to 3 – State and Respondent No. 5 – Education
Officer (Primary) of the Zilla Parishad, Thane, 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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