Bombay High Court
MOUNT LITERA ZEE SCHOOL, ALATE AND ANRversusTHE STATE OF MAHARASHTRA THR. ITS SECRETARY AND ORS
- Disposal
- Disposed Off
Holding
The Court directed the State to examine the petitioners' eligibility and quantum of reimbursement and to release the amount if eligibility is confirmed.
Summary
The Bombay High Court heard two writ petitions filed by private schools seeking reimbursement of expenses incurred in providing free education to disadvantaged children under the Right of Children to Free and Compulsory Education Act, 2009. The petitioners argued that the State is obligated to reimburse such costs, citing earlier decisions of the Court. The Court examined the record and noted that in identical cases it had directed 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. The Court left the matter of interest on the reimbursed amount open for the petitioners to pursue as per law. The petitions were disposed of with these directions.
Issues considered
- Whether the State of Maharashtra is required to reimburse private schools for expenses incurred in imparting free education under the Right of Children to Free and Compulsory Education Act, 2009.
Legislation cited
Subjects
- Right to Education
- reimbursement
- free education
- private schools
- writ petition
- eligibility
- quantum
- interest
Judgment
2026:BHC-KOL:8457-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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