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