Bombay High Court
LITTLE FLOWER ENGLISH MEDIUM SCHOOL THRO. HEAD MISTRESSversusSTATE OF MAHARASHTRA SCHOOL EDUCATION AND SPORT DEPARTMENT
- Decided
- Disposal
- Disposed Off
Holding
The court ordered the State to examine the petitioners’ claims within eight weeks, determine eligibility, and release any admissible reimbursement within two weeks, thereby disposing the petition.
Summary
The petitioners, Little Flower English Medium School and Arvind Education Society, sought a writ directing the State of Maharashtra to release arrears claimed under the Right of Children to Free and Compulsory Education Act, 2009. The High Court noted a prior order in Writ Petition No.6020 of 2024 involving similar relief. It directed the respondents to scrutinise each petitioner’s claim within eight weeks, determine eligibility and quantum of reimbursement, and release any admissible amount within two weeks thereafter. If a petitioner is found ineligible, a reasoned order must be issued, allowing the petitioner to seek further redress. The petition was disposed in these terms and the rule discharged, with compliance to be recorded on 24 April 2026.
Issues considered
- What entitlement, if any, do the petitioners have to arrears under the Right of Children to Free and Compulsory Education Act, 2009?
- Whether the State must be directed to release such arrears and the procedure for determining eligibility.
Legislation cited
Subjects
- Right to Education
- arrears
- reimbursement
- writ petition
- education grants
- compliance
Judgment
24.as.wp.17502.2025.odt
Digitally
signed by IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VINA
VINA ARVIND CIVIL APPELLATE JURISDICTION
ARVIND KHADPE
KHADPE Date:
2026.02.06
11:16:06
+0530 CIVIL WRIT PETITION NO.17502 OF 2025
1 Little Flower English Medium School
Throu. Head Mistress and anr.
2 Arvind Education Society
Having office Shitole Nagar,
31, Old Sangvi, Dist. Pune. … Petitioners
Versus
1 State of Maharashtra
Through its Principal Secretary,
(School Education), School Education
& Sports Department, Maharashtra
Mantralaya (Extension), Room No.432,
Madam Cama Road, Hutatma Rajguru
Chowk, Mantralaya, Mumbai – 400032.
2 The Education Officer
(Primary), Zilla Parishad, Pune
Having office at Yashwantrao Chavan
Bhavan, Wellesley Road, Camp Pune
Maharashtra 411 001
3 The Chief Executive Officer
Zilla Parishad, Pune
Having office at Yashwantrao Chavan
Bhavan,Wellesley Road, Camp Pune,
Maharashtra 411 001
4 Dy. Director, Education Department,
Pune Division, having office at
Dr. Babasaheb Ambedkar Road,
Camp, Pune.
Emai: [email protected] … Respondents
----
Mr. Ajit Kenjale a/w Mr. Azharuddin Khan, Mr. Sai Kadam for the
Petitioners.
Mrs. P. N. Diwan, AGP for Respondent Nos.1/State.
----
Vina Khadpe 1 of 3
24.as.wp.17502.2025.odt
CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.
DATE : 2nd FEBRUARY, 2026
ORAL JUDGMENT (PER : RAVINDRA V. GHUGE):-
1. Rule. Rule made returnable forthwith and heard finally
with the consent of the parties.
2. The sole request made in this Writ Petition is for a
direction to release the amount of arrears which the Petitioners
claim towards entitlement grants under the provisions of the Right
of Children to Free and Compulsory Education Act, 2009.
3. Our attention is invited to earlier orders passed in the Writ
Petitions seeking similar relief. Thus, following the order passed in
Writ Petition No.6020 of 2024 (Gurukul English Medium School
Vs. The State of Maharashtra and Ors.), dated 2nd May 2024, the
following directions are issued :-
(i) Time of eight weeks is granted to the
Respondents/State of Maharashtra to scrutinize the case
of each Petitioner.
(ii) The eligibility as well as quantum of reimbursement,
would be determined by the concerned Respondent.
(iii) The admissible amount of reimbursement to such
Vina Khadpe 2 of 3
24.as.wp.17502.2025.odt
Petitioner, be released within a period of two weeks
thereafter.
(iv) If any Petitioner is not entitled for any amount of
reimbursement, a reasoned order to that effect be
passed and such Petitioner would be at liberty to seek
redressal of his grievance, in accordance with law.
4. This Writ Petition is disposed off in the above terms.
Rule is discharged.
5. List the above Petition for recording compliance on 24th
April, 2026.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
Vina Khadpe 3 of 3
Checking your session…