Bombay High Court

PARAMOUNT ENGLISH MEDIUM SCHOOL , KOPARDE THR. HEAD MASTER AND ANR.versusTHE STATE OF MAHARASHTRA THR. SECRETARY SCHOOL EDUCATION AND SPORTS DEPT. AND ORS.

Disposal: Disposed Off

Holding

The Court held that the State must examine the petitioners' eligibility and quantum of reimbursement under the RTE Act and release the appropriate amount if eligibility is established.

Summary

The petitioners, two private schools, filed writ petitions seeking reimbursement from the State of Maharashtra for expenses incurred in providing free education to children from disadvantaged sections under the Right of Children to Free and Compulsory Education Act, 2009. The petitioners argued that prior decisions of this Court required the State to reimburse such expenses. The Court examined the record and noted that similar cases had been disposed of by directing the State to verify eligibility and determine the quantum of reimbursement before releasing funds. Accordingly, the Court ordered Respondent No.5 to scrutinise the petitioners' eligibility and quantum within eight weeks and, if found eligible, to release the amount within two weeks, leaving the petitioners free to pursue interest claims separately. The petitions were thus disposed of with the specified directions.

Issues considered

What is the extent of the State's obligation under the Right of Children to Free and Compulsory Education Act, 2009 to reimburse private schools for expenses incurred in providing free education to disadvantaged children?

Legislation cited

Right of Children to Free and Compulsory Education Act, 2009

Subjects

Right to Education
reimbursement
private schools
free education
eligibility
quantum of reimbursement
interest

Judgment

2026:BHC-KOL:8456-DB

44 & 45 wp 4272-26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4272 OF 2026
Paramount English Medium School,
Koparde and Another. ...Petitioners.
Versus
The State of Maharashtra and Others. ...Respondents.

WITH
WRIT PETITION NO. 4273 OF 2026
Mount Litera Zee School, Alate and Another. ...Petitioners.
Versus
The State of Maharashtra and Others. ...Respondents.
——————
Mr. Utkarsh Desai i/b P. S. Bhavake for the Petitioner.
Mr. Santosh A. Jadhav, AGP for the Respondent-State.
Mr. Kedar Lad and Poonam Dhotre for the Respondent No. 5
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 2, 2026.
P. C. :

1. Both these petitions are taken up for hearing together as

common issue arises and common submissions are advanced. The relief

sought in the petitions is for a direction to the Respondents to

reimburse the expenses for imparting free education to the children

belonging to the disadvantaged and weaker sections of the society

under the provisions of Right of Children to Free and Compulsory

Education Act, 2009.

Patil-SR 1 of 2
44 & 45 wp 4272-26.doc

2. Learned Counsel appearing for the Petitioners submits that the

issue is settled by the decisions of this Court which are annexed to the

petition from page no.60 onwards.

3. We have perused the record as well as the judicial

pronouncements placed on record. This Court in identical situation has

disposed of petitions by directing the State to scrutinise the cases of

Petitioners and decide the eligibility as well as quantum of

reimbursement and thereafter release the amount. Therefore, we are

inclined to pass the same order.

4. The Petitions stand disposed of by granting a period of eight

weeks to the Respondent No.5, within which period, the Petitioners’

eligibility as well as quantum of reimbursement will be scrutinised and

determined by the Respondent No.5. In the event, the Petitioners are

found to be eligible and the quantum is determined, the admissible

amount to be released within a period of two weeks thereafter. In the

event of any adverse order, the Petitioners are at liberty to take

appropriate steps in accordance with law. The prayer for grant of

interest on the amount to be reimbursed is kept open with liberty to the

Petitioners to pursue the same in accordance with law.

5. Petitions are disposed of in the above terms.

[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]

Patil-SR 2 of 2

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