Bombay High Court
ADARSH INTERNATIONAL SCHOOL AND JR. COLLEGE THRU PRINCIPALversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court disposed of the petitions by directing the schools to file a fresh claim and prescribing a detailed timeline for the Zilla Parishad and State to process and determine any reimbursement.
Summary
The petitioners, a group of private schools, sought 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 High Court, recalling its earlier order in Sanskar Primary and High School Pune v. State of Maharashtra (WP 9828/2026), directed the schools to submit a fresh, properly formatted claim with supporting documents to the Zilla Parishad, Nashik. The Zilla Parishad was given a week to seek any further information, after which it must forward its recommendations to the State authorities. The State was ordered to determine eligibility and the quantum of reimbursement within seven weeks and to release the amount to the Zilla Parishad, which in turn must pay the schools within a week. If the schools are found ineligible, a reasoned order must be issued. The court set strict timelines for each step and disposed of the writ petitions with these directions, without awarding costs.
Issues considered
- Whether the schools are entitled to reimbursement of fees for students admitted under the 25% RTE quota
- What procedural steps must be followed for the schools to claim such reimbursement
Legislation cited
Subjects
- RTE Act
- fee reimbursement
- 25% quota
- school admission
- procedural directions
- Maharashtra
- writ petition
Judgment
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jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
JITENDRA
SHANKAR
NIJASURE WRIT PETITION NO.13109 OF 2026
Digitally signed by
JITENDRA SHANKAR
NIJASURE
Date: 2026.10.09
11:25:25 +0530
Adarsh International School & Jr. College ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.13110 OF 2026
Progressive English Medium School ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.13111 OF 2026
Matoshree Education Society’s Matoshree ...Petitioner
English Medium School and Jr. College, Odha
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.13112 OF 2026
Kidz Academy ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.13114 OF 2026
Bright English Medium School ...Petitioner
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Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.13115 OF 2026
ERA International School ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.13116 OF 2026
Silver Bells English Medium School ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.13118 OF 2026
Dhanlakshmi Balvidyamandir and Primary ...Petitioner
School
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO.13119 OF 2026
Progressive English Medium School ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
----------
Ms. Gaumish Rohra with Rayyan Shah with Pooja V. Kadam i/b.
Vaibhav Kadam for the Petitioners.
Mr. O.A. Chandurkar, Addl.G.P. with Ms. Priyanka Chavan, AGP for
the State.
Ms. Pooja Patil, AGP for the State.
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Ms. Vaishali Nimbalkar, AGP for the State.
Ms. Savina Crasto, AGP for the State.
Ms. Priyanka Chavan, AGP for the State.
Ms. Nisha Mehara, AGP for the State.
Mr. K.B. Dighe, Addl. G.P. with Smt. Vaishali Nimbalkar, AGP for the
State.
Mr. K.B. Dighe, Addl. G.P. with Ms. Priyanka Chavan, AGP for the
State.
Mr. S.H. Kankal, AGP for the State.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 8TH OCTOBER, 2026.
O R D E R:
1. Rule. Rule made returnable forthwith. Heard finally by
consent of the parties.
2. By these present Writ Petitions, the Petitioner - Schools
have 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”).
3. 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
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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 - Schools 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 – 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 i.e., on or before 15th October
2026 to Respondent Nos.6 & 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 22nd October
2026 call upon the Petitioner – Schools to comply with
1 WP 9828/2026
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the remaining requisitions, if any. This shall be complied
with by the Petitioner – Schools within a period of one
week thereafter i.e., on or before 29th October 2026.
iii. Respondent Nos.6 & 7 - Zilla Parishad, Nashik shall
then forward their recommendations to Respondent
Nos. 1 to 5 – State on the Petitioner – Schools proposal
within a period of two weeks therefrom i.e., on or
before 12th November 2026.
iv. Respondent Nos. 1 to 5 – State shall upon receipt of
the recommendations of Respondent Nos.6 & 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 31st
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
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two weeks from such determination i.e., on or before
14th January 2027.
vi. Respondent Nos.6 & 7 - Zilla Parishad, Nashik in
turn, shall release such amount to the Petitioner –
Schools within a period of one week from the receipt of
the said amount i.e., on or before 21st January 2027.
vii. In the event the Petitioner – Schools are held to be
not entitled for any amount of reimbursement, a
reasoned order to that effect shall be passed and the
Petitioner – Schools 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.
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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 21st 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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