Bombay High Court
JYOTIRLING ENGLISH MEDIUM SCHOOL, NIRA THR CHAIRMAN M B MERGALversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the school to submit a fresh claim with supporting documents and prescribed a detailed timeline for the Zilla Parishad and the State to assess and, if appropriate, release the reimbursement, ordering a reasoned denial if the claim is found untenable.
Summary
Jyotirling English Medium School filed a writ petition seeking reimbursement of fees paid by students admitted under the 25% quota mandated by the Right of Children to Free and Compulsory Education Act, 2009. The school claimed that it had submitted its dues to the Zilla Parishad, Pune, but sought a directive for the State to process the reimbursement. The High Court, recalling its earlier order in City International School Kothrud v. State of Maharashtra, directed the school to file a fresh communication with supporting documents within a week and set a detailed timetable for the Zilla Parishad and the State to evaluate eligibility, determine the quantum, and release the amount. The Court also ordered that if the school is found ineligible, a reasoned order must be issued, allowing the school to pursue other legal remedies. The directions were framed to ensure strict compliance with the prescribed timelines, and the petition was disposed without any order on costs. The order emphasizes procedural compliance rather than adjudicating the substantive right to reimbursement.
Issues considered
- Whether Jyotirling English Medium School is entitled to reimbursement of fees under the RTE Act for students admitted under the 25% quota
- Whether the procedural requirements for claiming such reimbursement have been satisfied
Legislation cited
Subjects
- RTE Act
- fee reimbursement
- 25% quota
- school education
- writ petition
- procedural directions
- Maharashtra
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12885 OF 2026
Jyotirling English Medium School, Nira
through its Chairman Mr. M B Mergal ...Petitioner
Vs.
The State of Maharashtra through its
Principal Chairman, 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.
Ms. Reena Salunkhe, AGP, for the Respondent / State.
Digitally
-----------------
signed by
MAMTA
MAMTA AMAR
AMAR KALE
KALE Date:
2026.10.09
19:44:27
+0530
CORAM : R. I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATED : 7th OCTOBER, 2026
P.C.:-
1. Rule. Rule made returnable forthwith. Heard finally by consent
of the parties.
2. 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
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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
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
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
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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
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,
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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
followed.
ix. The present Writ Petition is disposed of in terms of
the aforesaid order. There shall be no order as to costs.
4. 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
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– 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.]
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