Bombay High Court

HOLY FAITH ENGLISH SCHOOL THRU PRINCIPAL AND ANRversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The Finance Department of the State of Maharashtra must be joined as a respondent for the reimbursement proceedings under Section 12 of the RTE Act.

Summary

The petitioners, two schools, filed writ petitions seeking reimbursement of dues under Section 12 of the Right to Education (RTE) Act. The State of Maharashtra, through its Advocate General, pointed out that the Finance Department, which is responsible for disbursing such reimbursements, had not been joined as a respondent. The Court considered this procedural deficiency and held that the Finance Department must be made a party to the proceedings. Accordingly, the Court directed the petitioners to join the State of Maharashtra, represented by the Additional Chief Secretary of the Finance Department, as a respondent. The amendment to include the Finance Department was to be effected immediately, and a re‑verification of the amendment was dispensed with.

Issues considered

Whether the Finance Department of the State of Maharashtra is a necessary party for directions under Section 12 of the RTE Act.

Legislation cited

Right to Education Act — s. 12

Subjects

Right to Education
Section 12
reimbursement
Finance Department
procedural party
writ petition

Judgment

                                                   907-908-wp-11187-29169-2026.doc


jsn

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.11187 OF 2026


      Holy Faith English School & Anr.             …Petitioners

            Versus

      The State of Maharashtra & Ors.          …Respondents
                                    WITH
                    WRIT PETITION NO.29169 OF 2026 (OS)
      Karmaveer Bhaurao Patil English School       …Petitioners
      (Primary Section) & Anr.

            Versus

      The State of Maharashtra & Ors.              …Respondents
                                    ----------
      Mr. Ajit Kenjale, Mr. Sai Rajendra Kadam and Mr. Azharuddin A.
      Khan for the Petitioners in both Writ Petitions.
      Ms. Vaishali Nimbalkar, AGP for the Respondent Nos.1 and 4 in WP
      No.11187 of 2026.
      Ms. Anupamaa Pawar, AGP for Respondent Nos.1 and 3 in WP
      No.29169 if 2926,
      Ms. Pushpa Yadav, i/b. Ms. Komal Punjabi for Respondent Nos.4 and
      5 in WP No.29169 of 2026.
                                      ----------

                               CORAM : R.I. CHAGLA J
                                       FIRDOSH P. POONIWALLA, J.
                               DATE  : 27 August 2026

      ORDER :


      1.          At the outset, the learned AGP appearing for the


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                                               907-908-wp-11187-29169-2026.doc


Respondent No.1 – State has brought to the notice of this Court that

in several of the Writ Petitions which have been filed and which seek

the prayer of reimbursement of dues under Section 12 of the RTE Act

in respect of the Petitioners – Schools, the Finance Department of the

State has not been joined as party Respondents. She has submitted

that it is the Finance Department of the State who is necessary party

and to whom the directions can be issued for reimbursement of dues

of the Petitioners – Schools.



2.          We have taken this submission into consideration and

accordingly direct the Petitioners to join the State of Maharashtra

through Additional Chief Secretary, Finance Department, Mantralaya,

Mumbai as party Respondent.



3.          This amendment shall be carried out forthwith. Re-

verification is dispensed with.



      [FIRDOSH P. POONIWALLA, J.]                 [R.I. CHAGLA J.]




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