Bombay High Court
HOLY FAITH ENGLISH SCHOOL THRU PRINCIPAL AND ANRversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered a structured procedure and timeline for the schools to claim reimbursement, affirming that entitlement must be determined by the State after due process, and providing for a reasoned order if no reimbursement is due.
Summary
The petitioners, two private 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 examined whether the schools were entitled to such reimbursement and the procedure to be followed for claiming it. Referring to a prior order in City International School Kothrud v. State of Maharashtra, the Court directed the schools to submit fresh applications with supporting documents within a week. It then set a detailed timetable for the Zilla Parishad, Thane and the Brihanmumbai Municipal Corporation to consider the applications, forward recommendations, and for the State to determine eligibility and release funds. If the schools are found ineligible, the Court ordered a reasoned dismissal, allowing the schools to pursue other legal remedies. The petitions were disposed without any order as to costs.
Issues considered
- Whether schools are entitled to reimbursement of fees for students admitted under the 25 % RTE quota.
- What procedural steps must be complied with for the claim of reimbursement under the RTE Act?
Legislation cited
Subjects
- RTE Act
- reimbursement
- 25% quota
- school fees
- procedural directions
- writ petition
- education
- Maharashtra
Judgment
1 901-wp-11187-2026
and 902-wpl-29169-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11187 OF 2026
Holy Faith English School through its
Principal and Another ...Petitioners
Vs.
The State of Maharashtra through its
Principal Secretary and Others ...Respondents
WITH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 29169 OF 2026
Karmaveer Bhaurao Patil English School
(Primary Section) through Principal /
Head Mistress and Another ...Petitioners
Vs.
Digitally
signed by
MAMTA
MAMTA AMAR
The State of Maharashtra through its
AMAR KALE
KALE Date:
2026.09.02
17:49:12
+0530 Principal Secretary and Others ...Respondents
-----------------
Mr. Ajit Kenjale a/w. Mr. Azharuddin Khan, for the Petitioners in both
Petitions.
Mr. Shrishail Sakhare, for Respondent Nos.2 and 3 in both Petitions.
Smt. Vaishali S. Nimbalkar, AGP, for Respondent / State in WP/11187/2026.
Ms. Anupamaa Pawar, AGP, for Respondent No.1 / State in
WPL/29169/2026.
Ms. Anuja Tirmali i/b. Komal Punjabi, for Respondent Nos.4 and 5.
Mr. Aniruddha A. Kulkarni, Under Secretary, School Education Department,
Mamta Kale 1/5
2 901-wp-11187-2026
and 902-wpl-29169-2026.doc
Mantralaya, Mumbai.
-----------------
CORAM : R. I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATED : 2nd SEPTEMBER, 2026
P.C.:-
1. Pursuant to the Order dated 27th August 2026, the
Petitioners have joined the State of Maharashtra, through Additional Chief
Secretary, Finance Department, Mantralaya, Mumbai, as Respondent No.5
in Writ Petition No.11187 of 2026 and Respondent No.6 in Writ Petition
(Lodging) No. 29169 of 2026. The learned Counsel appears for the said
Respondent.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of the parties.
3. By the present Writ Petitions, the Petitioners - Schools has
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”).
4. Heard the learned Counsel appearing for the parties. We
have perused the prior Orders passed by this Court, including the Order
dated 20th August 2026 passed in City International School Kothrud Vs.
The State of Maharashtra and Others in Writ Petition No.10361 of 2026,
Mamta Kale 2/5
3 901-wp-11187-2026
and 902-wpl-29169-2026.doc
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 their representations to Respondent Nos.2 and 3
- Zilla Parishad, Thane in Writ Petition No.11187 of 2026
and Respondent Nos.3 and 4 Brihanmumbai Municipal
Corporation (BMC) in Writ Petition (L) No. 29169 of 2026,
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 viz., on or before 9th September 2026, to the
aforesaid Respondents.
ii. Zilla Parishad, Thane / BMC shall, upon receipt of
the communications from the Petitioners - Schools, within a
period of one week therefrom viz., on or before 16 th
September 2026, call upon the Petitioners – Schools to
comply with the requisite communications, if any. This shall
be complied with by the Petitioners – Schools within a
period of one week thereafter viz., on or before 23 rd
September 2026.
Mamta Kale 3/5
4 901-wp-11187-2026
and 902-wpl-29169-2026.doc
iii. Zilla Parishad, Thane / BMC shall then forward
their recommendations to Respondent – State on the
Petitioners – Schools’ proposals within a period of two
weeks therefrom viz., on or before 7th October 2026.
iv. Respondent – State shall upon receipt of the
recommendations of Zilla Parishad, Thane / BMC determine
the eligibility as well as the quantum of reimbursement due
and payable, within a period of seven weeks thereafter viz.,
on or before 25th November 2026.
v. The admissible amount shall thereafter be released
by Respondent - State to Zilla Parishad, Thane / BMC
within a period of two weeks from such determination viz.,
on or before 9th December 2026.
vi. Zilla Parishad, Thane / BMC in turn, shall release
such amount to the Petitioners – Schools within a period of
one week from the receipt of the said amount viz., on or
before 16th 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 –
School shall then be at liberty to seek redressal of their
grievances, if any, in accordance with law.
Mamta Kale 4/5
5 901-wp-11187-2026
and 902-wpl-29169-2026.doc
viii. The aforesaid timelines have been prescribed after
taking into account the submissions made by the
Respondents and the appropriate period has been granted
to them for such compliance. Accordingly, the timelines
shall be strictly followed.
ix. The present Writ Petitions are disposed of in terms
of the aforesaid order. There shall be no order as to costs.
5. Place the present Writ Petitions on 17 th 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 – State and Zilla Parishad, Thane / BMC,
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.]
Mamta Kale 5/5
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