Bombay High Court
ADITYA ENGLISH MEDIAM SCHOOL AND ANRversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court ordered a step‑wise procedure with strict timelines for the schools to claim reimbursement and for the Zilla Parishad and State to determine and release any eligible amount.
Summary
The petitioners, a group of schools, filed writ petitions 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 schools to submit a fresh communication with supporting documents to the Zilla Parishad within a week. The Zilla Parishad was ordered to seek compliance, forward recommendations to the State, and determine eligibility and quantum of reimbursement within specified timelines, culminating in the release of funds by December 7, 2026. If the schools are found ineligible, a reasoned order must be issued. The court disposed of the writ petitions with these procedural directions and no order on costs.
Issues considered
- Whether the schools are entitled to reimbursement of fees for students admitted under the 25% RTE quota
- What procedure and timeline should be followed for processing such reimbursement claims
Legislation cited
Subjects
- RTE Act
- 25% quota
- fee reimbursement
- education law
- writ petition
- Maharashtra
- Zilla Parishad
- procedural order
Judgment
906-911-wp-9893-2026-grp.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9893 OF 2026
Priyadarshani English Medium School …Petitioner
The Chairman Rajiv I Raj
Versus
The State of Maharashtra & Ors. …Respondents
WITH
WRIT PETITION NO.9615 OF 2026
WITH
WRIT PETITION NO.9895 OF 2026
Digitally
signed by
JITENDRA
WITH
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
WRIT PETITION NO.9890 OF 2026
2026.08.28
12:05:58
+0530
WITH
WRIT PETITION NO.9889 OF 2026
WITH
WRIT PETITION NO.9901 OF 2026
WITH
WRIT PETITION NO.9904 OF 2026
WITH
WRIT PETITION NO.9902 OF 2026
WITH
WRIT PETITION NO.9903 OF 2026
WITH
WRIT PETITION NO.9898 OF 2026
WITH
WRIT PETITION NO.9899 OF 2026
WITH
WRIT PETITION NO.9896 OF 2026
WITH
WRIT PETITION NO.10868 OF 2026
WITH
WRIT PETITION NO.10858 OF 2026
WITH
WRIT PETITION NO.10795 OF 2026
WITH
WRIT PETITION NO.10809 OF 2026
WITH
WRIT PETITION NO.10872 OF 2026
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WITH
WRIT PETITION NO.10873 OF 2026
WITH
WRIT PETITION NO.10794 OF 2026
WITH
WRIT PETITION NO.10798 OF 2026
WITH
WRIT PETITION NO.10862 OF 2026
WITH
WRIT PETITION NO.10864 OF 2026
WITH
WRIT PETITION NO.10796 OF 2026
WITH
WRIT PETITION NO.10800 OF 2026
WITH
WRIT PETITION NO.10807 OF 2026
WITH
WRIT PETITION NO.10808 OF 2026
WITH
WRIT PETITION NO.10804 OF 2026
WITH
WRIT PETITION NO.10806 OF 2026
WITH
WRIT PETITION NO.10785 OF 2026
WITH
WRIT PETITION NO.10900 OF 2026
WITH
WRIT PETITION NO.10902 OF 2026
WITH
WRIT PETITION NO.10895 OF 2026
WITH
WRIT PETITION NO.10898 OF 2026
WITH
WRIT PETITION NO.10901 OF 2026
WITH
WRIT PETITION NO.10896 OF 2026
WITH
WRIT PETITION NO.10899 OF 2026
WITH
WRIT PETITION NO.10903 OF 2026
WITH
WRIT PETITION NO.10827 OF 2026
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----------
Mr. Sohan Gunjal with Ms. Ekta Parab for the Petitioner.
Mr. P.P. Kakade, Addl. G.P. with Smt. P.N. Diwan, AGP in WP
No.9895 of 2026, 9890 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Smt. P.J. Gavhane, AGP in WP
No.9889 of 2026, 9901 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Smt. M.P. Thakur, AGP in WP
No.9904 of 2026 and 9902 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Smt. Priyanka Chavan, AGP in WP
No.9903 of 2026 and 9898 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Mr. S.H. Kankal, AGP in WP
No.9899 of 2026 and 9896 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Vikas M. Mali, AGP for State.
S.V. Gavand with P.H. Gaikwad for Respondent No.3 – (Education
Officer Primary Pune, Z.P. Pune).
Mr. P.P. Kakade, Addl. G.P. with Smt. Nisha M Mehard, AGP in WP
No.10795 of 2026 and 10809 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Ms. M.P. Thakur, AGP in WP
No.10872 of 2026 and 10873 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Ms. Priyanka Chavan, AGP in WP
No.10794 of 2026 and 10798 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Ms. P. N. Diwan, AGP in WP
No.10882 of 2026 and 10864 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Mr. A.K. Naik, AGP in WP No.10796
of 2026 and 10800 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Ms. D.S. Deshmukh, AGP in WP
No.10807 of 2026 and 10807 of 2026 and 10804 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Shri Vikas Mali, AGP in WP
No.10806 of 2026 and 10785 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Mr. S.H. Kankal, AGP for State.
Mr. Tukaram Shendge with Mr. Rushikesh Solunkhe for the
Petitioner in WP No.10827 of 2026.
Mr. Rajan S. Pawar, AGP for State in WP No.10827 of 2026.
----------
CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J.
DATE : 27 August 2026.
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ORDER :
1. Rule. Rule made returnable forthwith. Heard finally by
consent of the parties.
2. By the present Writ Petitions, the Petitioners - Schools
have sought for reimbursement of fees of their students admitted
under the 25% quota in terms of the provisions of Right of Children
to Free 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 Petitions, we pass the following
order.:-
i. Notwithstanding the Petitioners - Schools
having submitted its representations to Respondent - Zilla
Parishad, together with the statement of actual dues for
which reimbursement has been sought, the Petitioners –
Schools shall address a fresh communication in the
1 WP 9828/2026
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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 3rd September 2026 to Respondent - Zilla Parishad.
ii. Respondent – Zilla Parishad shall upon receipt
of such communication, within a period of one week
therefrom i.e., on or before 3rd September 2026 call upon
the Petitioners – Schools to comply with the remaining
requisitions, if any. This shall be complied with by the
Petitioners – Schools within a period of one week
thereafter i.e., on or before 10th September 2026.
iii. Respondent – Zilla Parishad shall then forward
their recommendations to Respondent Nos. 1 and 2 –
State on the Petitioner’s – 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 – Zilla
Parishad 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 16th November 2026.
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v. The admissible amount shall thereafter be
released by Respondent Nos. 1 and 2 – State to
Respondent – Zilla Parishad within a period of two weeks
from such determination i.e., on or before 30th November
2026.
vi. Respondent – Zilla Parishad 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 7th December 2026.
vii. In the 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.
ix. The present Writ Petitions are disposed of in
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terms of the aforesaid order. There shall be no order as to
costs.
4. Place the present Writ Petitions on the 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 and 2 – State and concerned
authorities of the Zilla Parishad, 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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