Bombay High Court
LAXMI ENGLISH MEDIUM SCHOOL VIKHARNI THR. ITS PRINCIPAL VANITA GAIKWAD AND ORSversusTHE STATE OF MAHARASHTRA PRIMARY EDUCATION DEPARTMENT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directs the State to examine each school’s claim within eight weeks, determine eligibility and quantum of reimbursement, and release any admissible amount within two weeks, otherwise issue a reasoned order.
Summary
Three private schools – Laxmi English Medium School, Atma Malik English Medium Gurukul and Atma Malik English Gurukul & Jr. College – filed a writ petition seeking the release of arrears they claim are due under the Right of Children to Free and Compulsory Education Act, 2009. The Court noted a prior order in Writ Petition No. 6020 of 2024 which had directed the State to examine similar claims. Accordingly, the Court directed the State of Maharashtra to scrutinise each petitioner’s claim within eight weeks, determine eligibility and the quantum of reimbursement, and release any admissible amount within two weeks thereafter. If a petitioner is found not entitled, the State must issue a reasoned order allowing the petitioner to seek further redress. The petition was disposed in accordance with these directions and the rule was discharged.
Issues considered
- Whether the petitioners are entitled to reimbursement grants under the Right of Children to Free and Compulsory Education Act, 2009.
- Whether the State must be directed to determine eligibility and release the claimed arrears within a specified time‑frame.
Legislation cited
Subjects
- Right to Education
- RTE Act
- reimbursement grants
- writ petition
- state liability
- procedural direction
Judgment
905-WP-564-2026-(C).odt
SUNNY
Digitally signed
by SUNNY
ANKUSHRAO
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANKUSHRAO THOTE
THOTE Date:
2026.01.28
10:09:27 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 564 OF 2026
1. Laxmi English Medium School
Vikharni, Tal. Yeola Through its
Principal, Vanita Gaikwad An Adult,
Aged 38 Years, Indian Inhabitant,
Having Its Address at Yeola, Tal. Yeola,
Dist. Nashik – 423401
2. Atma Malik English Medium Gurukul,
Yeola, Through Its Principal, Tushar
Kapse, An Adult, Aged 41 Years, Indian
Inhabitant, Having its Address at Jangali
Maharaj Rd., Bhoi Lane, Tal. Yeola,
Dist. Nashik – 423401
3. Atma Malik English Gurukul & Jr.
College, Through its Principal, Yogesh
Sonawane, An Adult, Aged 38 Years,
Indian Inhabitant, Having Its Address at
Purangaon, Tal. Yeola, Dist. Nashik ….Petitioners
Versus
1. The State of Maharashtra
Primary Education Department, 4th
Floor, Mantralay, Mumbai – 400032
2. The Commissioner of Education
Primary Directorate of Education,
Central Building, Dr. Annie Besant
Road, Pune 411001
3. The Director of Education
Primary Directorate of Education,
Central Building, Dr. Annie Besant
Road, Pune 411001
4. The Regional Dy. Director Education
Nashik Region, Nashik, Government
Colony, Nashik – 422214
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905-WP-564-2026-(C).odt
5. Chief Executive Officer
Zilla Parishad, Nashik, Administrative
Building, Nashik – 422001
6. The Education Officer (Primary)
Zilla Parishad, Nashik, Administrative
Building, Nashik – 422001 ….Respondents
****
Mr. Rayyan Shah a/w Mr. Shrinath Badade, Ms. Vedika Bhoir i/by
Mr. Vaibhav Kadam, Advocate for the Petitioners.
Ms. P.N. Diwan, AGP for the Respondent/State.
****
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 23rd JANUARY, 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
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905-WP-564-2026-(C).odt
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
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.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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