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Bombay High Court

SARTHI SHIKSHAN PRASARAK MANDAL THRU SECRETARYversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court directed the respondents to process the reimbursement claim according to a specified timetable and to issue a reasoned order if the claim is denied.

Summary

The petitioner, Sarthi Shikshan Prasarak Mandal, a 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 amended to include the State of Maharashtra, Finance Department, as an additional respondent. The Court, after noting a prior order in City International School Kothrud v. State of Maharashtra, directed the petitioner to submit a fresh, properly formatted claim with supporting documents within a week. It then prescribed a detailed timetable for the Zilla Parishad, Pune, the State Education Department, and the Finance Department to examine the claim, determine eligibility, and release any admissible amount, with a deadline extending to 20 January 2027. If the claim is found ineligible, the Court ordered a reasoned dismissal. The Court emphasized strict compliance with the timelines and ordered the petition to be placed on the calendar for compliance on 20 January 2027. No costs were awarded and the petition was disposed of subject to the stipulated 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 claiming such reimbursement have been satisfied

Legislation cited

Subjects

  • RTE Act
  • fee reimbursement
  • 25% quota
  • education
  • writ petition
  • procedural directions
  • Maharashtra
  • school

Judgment

                                                                 1                     909-wp-12540-
                                                                                            2026.doc

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 12540 OF 2026

                    Sarthi Shikshan Prasarak Mandal through
                    its Secretary Mrs. Madhura Jagtap                          ...Petitioner
                             Vs.
                    The State of Maharashtra through its
                    Principal Secretary, School Education
                    Department and Others                                      ...Respondents

                                                    -----------------

                    Mr. Sohan Gunjal, for the Petitioner.
                    Mr. P. H. Gaikwad a/w. Mr. S. V. Gavand, for Respondent No.3 / Education
                    Officer, Z.P. Pune.
                    Mr. O. A. Chandurkar, Addl.G.P. a/w. Ms. Priyanka Chavan, AGP, for the

        Digitally
                    Respondent / State.
        signed by
        MAMTA
MAMTA AMAR
AMAR KALE
KALE  Date:
      2026.10.09
        19:44:31
        +0530
                                                    -----------------


                                                    CORAM :          R. I. CHAGLA AND
                                                                     FIRDOSH P. POONIWALLA, JJ.

                                                    DATED       : 7th OCTOBER, 2026

                    P.C.:-

                    1.             The learned Counsel appearing for the Petitioner has sought

                    leave to amend the cause title of the Petition by joining State of

                    Maharashtra through Assistant Chief Secretary, Finance Department,

                    Mantralaya, Mumbai, as party Respondent No.4. Leave granted.

                    2.             The amendment shall be carried out during the course of the

                     Mamta Kale                                                                  1/5
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                                                                        2026.doc

day. Re-verification is dispensed with.

3.              The amended Petition shall be served on the newly joined

Respondent upon carrying out the amendment.

4.              Rule. Rule made returnable forthwith. Heard finally by consent

of the parties.

5.              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”).

6.              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 Ors., 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 No.3 - Zilla Parishad,

              Pune, together with the statement of actual dues for which

              reimbursement has been sought, the Petitioner – School

              shall address a fresh communication in the prescribed

              format annexing the supporting documents, which are

              relied upon for claiming reimbursement of their dues within

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             a period of one week from today i.e., on or before 14 th

             October 2026 to Respondent No.3 – Zilla Parishad, Pune.



             ii.      Respondent No. 3 – Zilla Parishad, Pune shall upon

             receipt of such communication, within a period of one week

             therefrom i.e., on or before 21st 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 28th October 2026.



             iii.     Respondent No.3 – Zilla Parishad, Pune shall then

             forward their recommendations to Respondent Nos.1 and 2

             – State on the Petitioner – School’s proposal within a period

             of two weeks therefrom i.e., on or before 11 th November

             2026.



             iv.      Respondent Nos. 1 and 2 – State shall upon receipt

             of the recommendations of Respondent No.3 – Zilla

             Parishad, Pune 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 30 th


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             December 2026.



             v.       The admissible amount shall thereafter be released

             by Respondent Nos. 1 and 2 – State to Respondent No.3 –

             Zilla Parishad, Pune within a period of two weeks from such

             determination i.e., on or before 13th January 2027.



             vi.      Respondent No.3 – Zilla Parishad, Pune 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 20th 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 –

             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


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              followed.



              ix.        The present Writ Petition is disposed of in terms of

              the aforesaid order. There shall be no order as to costs.



7.                  Place the present Writ Petition on 20th 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 and 2

– State and Respondent No.3 – Education Officer (Primary) of the Zilla

Parishad, Pune, 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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