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Bombay High Court

GURUKUL PRIMARY SCHOOL THR. ITS HEAD MASTER AND ANR.versusUNION OA INDIA THR. MINISTRY OF EDUCATION AND ORS.

Disposal
Disposed Off

Holding

The State must promptly reimburse schools for costs incurred under the RTE Act, and the Education Officer is directed to ensure such payment within the stipulated time.

Summary

The petitioners, a group of schools, complied with the admission obligations under the Right of Children to Free and Compulsory Education Act, 2009 but have not received the statutory reimbursement and grants promised by the Government. They approached the Bombay High Court seeking directions for the release of the pending amounts, alleging financial hardship due to the state's inaction. The Court noted that the State has a duty to compensate schools for expenses incurred in fulfilling RTE obligations and that failure to do so undermines the free education policy. Accordingly, the Court directed the Education Officer of the Zilla Parishad, Satara, to examine the petitions and release the due amounts within three weeks, with actual payment to be made within one week of the decision. The Court also warned that the Education Officer would be personally liable for any delay or dereliction. The writ petitions were disposed with these directions.

Issues considered

  • The State is obligated to reimburse schools for expenses incurred under the Right of Children to Free and Compulsory Education Act, 2009.
  • Whether the Education Officer, Zilla Parishad, Satara can be held personally liable for non‑compliance with the reimbursement order.

Legislation cited

Subjects

  • RTE Act
  • reimbursement
  • state liability
  • education funding
  • writ petition
  • free education
  • school compliance
  • personal liability

Judgment

                                              904-WP-713-2026 (C).doc


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIRCUIT BENCH AT KOLHAPUR
             CIVIL APPELLATE JURISDICTION
             WRIT PETITION NO. 713 OF 2026

         Challenge Academy Thr Head Mistress And Anr
                          VERSUS
                The Union Of India And Others

                           WITH
               WRIT PETITION NO. 312 OF 2026

 Vivekananda Academy Of Human Excellence CBSE Thr Manager
                          And Anr
                          VERSUS
                The Union Of India And Others

                           WITH
               WRIT PETITION NO. 714 OF 2026

      Gurukul Primary School Thr. Its Head Master And Anr.
                            VERSUS
       Union Of India Thr. Ministry Of Education And Ors.

Mr. Ajit Kenjale, through VC, advocate for the petitioners
Mr. Vijay Killedar a/w Mr. Shivraj Jagdale a/w Mr. Rahul Rote,
advocate for Respondent No. 1
Mr. R. P. Kadam, advocate for Respondent No. 3-Zilla Parishad,
Satara
Mr. V. M. Mali, AGP for Respondent Nos. 2 and 4 in WP 713/2026
Mr. S. B. Kalel, AGP for Respondent Nos. 2 and 4 in WP 714/2026
Mr. M. M. Pable, AGP for Respondent Nos. 2 and 4 in WP 312/2026


                     CORAM : MILIND N. JADHAV, &
                             NANDESH S. DESHPANDE, JJ.

                     DATE    : 17th JUNE, 2026


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P. C. :

1.        Heard learned advocate Mr. Ajit Kenjale, for the petitioners,

learned advocate Mr. R. P. Kadam for respondent-Zilla Parishad,

Satara, learned advocate Mr. Vijay Killedar, for respondent no. 1 and

learned AGP in respective petitions.

2.        The grievance of the petitioners which are schools and have

complied with the Government policy of giving admissions under

The Right of Children to Free and Compulsory Education Act, 2009

(Hereinafter referred to as ‘RTE Act’) is required to be taken to its

fruition. The grievance of the petitioners is that they have sought

reimbursement of payment and grants from Government pursuant

to such compliance. But, the proposal is kept pending without

being decided. It is an admitted fact that the petitioners have

suffered and incurred substantial financial hardship in continuing to

fulfill their statutory obligation under the RTE Act. Albeit, however,

without receiving the mandatory reimbursement.


3.        Various decisions and citations from this Court cover such

similarly placed cases. We need not refer to all those cases.


4.        In that view of the matter, the Education Officer, Zilla



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Parishad, Satara duly represented by advocate Mr. R. B. Kadam, is

directed to scrutinize the representation of the petitioners before us

seeking   reimbursement      of   the      amounts   stipulated    therein,

immediately and forthwith and determine the same and release the

said amounts as applicable and due to the schools, within a period

of three weeks from today positively.

5.    Needless to state that if the petitioners are entitled to the

reimbursement, the said amount shall be paid to the petitioners

without any further delay and in any event within one week from

the date of passing of the decision on the pending proposal of the

petitioners. Liberty to the petitioners to apply to this Court in case of

non-compliance. The Education Officer, Zilla Parishad, Satara will

be held personally responsible and liable if there is any dereliction

and delay in complying with this order.

6.    We are compelled to pass such directions only because, once

the petitioners have complied with their statutory obligations, it is

the duty of the State to ensure that such obligations are rewarded

with the statutory emoluments to which they are entitled to. If the

State behaves and derelicts in the manner in which it has happened,

the robust education policy of the State of providing free education



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        under the RTE will itself be in jeopardy. Therefore, the Education

        Officer is directed by this Court to take cognizance of server copy of

        this order. It shall be placed before him on 19/06/2026 at 11.00

        a.m. by the petitioners and he shall ensure that the proposals are

        adjudicated as directed and payments are effectively effected.

        7.     Writ Petitions are disposed of in the above terms.




        [NANDESH S. DESHPANDE, J.]                  [MILIND N. JADHAV, J.]
Iresh




        IRESH  Digitally signed by
               IRESH MASHAL

        MASHAL Date: 2026.06.17
               18:45:57 +0530




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