Bombay High Court
KARBHARI ANNA CHARITABLE FOUNDATION PRIMARY SCHOOL THR. THE PRINCIPALversusTHE STATE OF MAHARASHTRA THR. THE PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The State must determine the eligibility and quantum of reimbursement payable to the petitioner within two weeks and reimburse the amount through the Zilla Parishad, Pune.
Summary
The Karbhari Anna Charitable Foundation, operating a primary school, filed a writ petition seeking reimbursement from the State of Maharashtra. The State, through the Principal Secretary of Education, submitted that it had received recommendations from the Zilla Parishad, Pune, and forwarded the proposal to the Director of Primary Education. The Court directed the State authorities to determine the petitioner's eligibility and the quantum of reimbursement within two weeks and to effect payment through the Zilla Parishad within a further two weeks. If the petitioner is found ineligible, the Court ordered a reasoned order and allowed the petitioner to seek other legal remedies. The Court noted that the petition had already been disposed of on 18 April 2026 and set a compliance deadline of 21 September 2026, with non‑compliance attracting further hearing.
Issues considered
- Whether the petitioner is eligible for reimbursement under the applicable education statutes
- What quantum of reimbursement, if any, is payable to the petitioner
- Whether the State has complied with its duty to determine eligibility and effect payment
Subjects
- reimbursement
- primary education
- charitable foundation
- writ petition
- state compliance
- eligibility determination
- education funding
Judgment
5. WP 4697.2026.doc
Karbhari Anna Charitable Foundation vs. State
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4697 OF 2026
Karbhari Anna Charitable Foundation
Primary School through the Principal … Petitioner
V/s.
The State of Maharashtra through the
Principal Secretary, Department of Education
and Ors. … Respondents
_______________________________________
Ms. Shraddha Pawar i/b. Mr. Nilesh Patil for the Petitioner
Ms. Tanu N. Bhatia, AGP for the Respondent – State
Mr. Aniruddha A. Kulkarni, Under Secretary, School Education and Sports
Department, Mantralaya, Mumbai present in Court
_______________________________________
CORAM : R. I. CHAGLA AND
FARHAN P. DUBASH, JJ.
DATE : 3rd AUGUST 2026
P.C. :
1. Ms. Tanu Bhatia, learned AGP appearing for the Respondent no. 1 - State has
stated on instructions that the recommendations of Respondent no. 4 - Zilla
Parishad, Pune has been received on 9 th July 2026 and, thereafter,
Respondent no. 2 - Director of Primary Education, State of Maharashtra has
in turn, forwarded the proposal along with the recommendations of
Respondent no.4 - Zilla Parishad, Pune to Respondent no. 1- State on 21 st
July 2026. She has tendered the communication dated 21st July 2026, which
has been received from Respondent no. 2 - Director of Primary Education,
State of Maharashtra.
Page 1 of 2
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Order dated 3rd August 2026
5. WP 4697.2026.doc
Karbhari Anna Charitable Foundation vs. State
2. Considering that Respondent no.1- State has received the proposal along with
the recommendations of Respondent no. 4 - Zilla Parishad, Pune forwarded
by Respondent no.2 – Director of Primary Education, State of Maharashtra,
we direct Respondent nos. 1 and 2 – State to determine the eligibility as well
as quantum of the reimbursement payable to the Petitioner – School within a
period of two weeks from today. The admissible amount shall thereafter be
reimbursed to the Petitioner – School through Respondent no.4 – Zilla
Parishad, Pune within a period of two weeks from such determination.
3. 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 be at liberty to seek redressal of their grievance, in
accordance with law.
4. The present Writ Petition has already been disposed of vide order dated 18 th
April 2026 and shall be placed for compliance on 21st September 2026.
5. It is made clear that, in the event the timeline stipulated in this order for
compliance, has not been adhered to, the concerned authority of Respondent
nos. 1 and 2 – State shall remain present before this Court on the next date of
hearing.
( FARHAN P. DUBASH, J. ) ( R. I. CHAGLA J. )
Jyoti Pawar
Digitally signed
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR
PAWAR Date: 2026.08.03
18:58:28 +0530
Page 2 of 2
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Order dated 3rd August 2026
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