Bombay High Court
VISION ACADEMY ENGLISH MEDIUM SCHOOL THRU PRESIDENTversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of the petition by directing the school to file a fresh claim in the prescribed format and ordering the Zilla Parishad and the State to determine eligibility and release any reimbursement within the specified timelines.
Summary
Vision Academy English Medium School 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 petition was filed against the State of Maharashtra and other authorities, including the Zilla Parishad, Nashik, which failed to appear despite service. The Court noted a prior decision in Sanskar Primary and High School Pune v. State of Maharashtra and directed the school to submit a fresh claim in the prescribed format within a week. It further ordered the Zilla Parishad to acknowledge the claim, seek any additional information, and forward recommendations to the State within stipulated timelines. The State was instructed to determine eligibility and the quantum of reimbursement and to release the amount through the Zilla Parishad, which in turn must pay the school, all within the deadlines set. If the school is found ineligible, a reasoned order must be issued, and the petition was disposed with these compliance directions.
Issues considered
- Whether the school is entitled to reimbursement of fees for students admitted under the 25% quota under the RTE Act.
- Whether the procedural requirements for filing the reimbursement claim have been satisfied.
- What procedural timeline and steps should be followed by the Zilla Parishad and the State in processing the reimbursement claim.
Legislation cited
Subjects
- RTE Act
- reimbursement
- quota
- education
- writ petition
- procedural directions
- high court
Judgment
908-wp-12342-2026.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12342 OF 2026
Digitally
signed by
JITENDRA
Vision Academy English Medium School …Petitioner
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2026.09.24
18:35:50
+0530
Versus
The State of Maharashtra & Ors. …Respondents
----------
Mr. Gaumish Rohra with Mr. Rayyan Shah and Mr. Sameer Parkar
i/b. Vaibhav Kadam for the Petitioner.
Mr. P.G. Savant, AGP for the Respondent Nos.1 to 5 - State.
----------
CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J.
DATE : 24TH SEPTEMBER 2026.
ORDER :
1. The learned Counsel appearing for the Petitioner has
tendered Affidavit of Service which has been filed on 22nd
September 2026 and which shows service on the Respondents. This is
taken on record.
2. None appears for the Respondent Nos.6 and 7 – Zilla
Parishad, Nashik, inspite of service.
3. Rule. Rule made returnable forthwith. Heard finally by
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consent of the parties.
4. By the present Writ Petition, the Petitioner - School 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”).
5. 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 Nos.6 & 7
- Zilla Parishad, Nashik, together with the statement of
actual dues for which reimbursement has been sought,
the Petitioner – School shall address a fresh
1 WP 9828/2026
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908-wp-12342-2026.doc
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 1st October
2026 to Respondent Nos.6 and 7 – Zilla Parishad,
Nashik.
ii. Respondent Nos. 6 & 7 – Zilla Parishad, Nashik shall
upon receipt of such communication, within a period
of one week therefrom i.e., on or before 8th October
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 15th
October 2026.
iii. Respondent Nos.6 and 7 – Zilla Parishad, Nashik shall
then forward their recommendations to Respondent
Nos. 1 to 5 – State on the Petitioner – School’s
proposal within a period of two weeks therefrom i.e.,
on or before 29th October 2026.
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iv. Respondent Nos. 1 and 2 – State shall upon receipt of
the recommendations of Respondent Nos.6 and 7 –
Zilla Parishad, Nashik 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 December 2026.
v. The admissible amount shall thereafter be released by
Respondent Nos. 1 to 5 – State to Respondent Nos.6 &
7 – Zilla Parishad, Nashik within a period of two
weeks from such determination i.e., on or before 31st
December 2026.
vi. Respondent No.6 & 7 – Zilla Parishad, Nashik 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 7th January 2027.
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 –
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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
followed.
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 7th January 2027
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 5 – State and Respondent Nos.6 & 7 – Zilla
Parishad, Nashik, 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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