Bombay High Court
CAPITAL ENGLISH MEDIUM SCHOOL THRU CHAIRMANversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that the petitioner must submit a fresh, duly formatted application with supporting documents and the respondents must process the reimbursement claim within the specified timelines, providing a reasoned order if the claim is denied.
Summary
The Capital 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 school had earlier submitted its claim to the Zilla Parishad, Pune, but the court found that a fresh, properly formatted application with supporting documents was required. The court therefore directed the school to file a new communication within a week and set out a detailed timetable for the Zilla Parishad and the State authorities to examine the claim, determine eligibility, and release any amount due. If the school’s claim is rejected, the court ordered that a reasoned order must be issued, allowing the school to pursue further legal remedy. The court’s order is procedural, emphasizing strict adherence to the prescribed timelines, and the petition is disposed with no order as to costs. The directions were issued after considering a prior judgment in City International School Kothrud v. State of Maharashtra.
Issues considered
- Whether the school is entitled to reimbursement of fees for students admitted under the 25 % RTE quota
- What procedure and timeline must be followed for processing such reimbursement under the RTE Act
Legislation cited
Subjects
- Right to Education
- RTE Act
- fee reimbursement
- 25% quota
- writ petition
- procedural directions
- school fees
Judgment
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2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12886 OF 2026
Capital English Medium School
through its Chairman Mr. Machchindranath
Bapu 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.
Mr. S. H. Kankal, AGP, for the Respondent / State.
-----------------
MAMTA
AMAR
KALE
Digitally signed by
MAMTA AMAR KALE
Date: 2026.10.09
19:57:37 +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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