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Bombay High Court

RADHIKA SHIKSHAN SANTHAS RADHIKA ENGLISH MEDIUM SCHOOL THRU PRESIDENTversusTHE EDUCATION OFFICER PRIMARY

Decided
Disposal
Disposed Off

Holding

The Court did not adjudicate the entitlement but directed the petitioner to file a fresh claim and prescribed detailed timelines for the Zilla Parishad and the State to assess eligibility and release any reimbursement.

Summary

The petitioner, Radhika English Medium School, filed a writ petition seeking reimbursement of fees paid for students admitted under the 25% quota mandated by the Right of Children to Free and Compulsory Education Act, 2009. The Court examined a prior order in City International School Kothrud v. State of Maharashtra, which dealt with a similar claim, and directed the petitioner to submit a fresh, properly formatted application with supporting documents to the Zilla Parishad, Nashik. The Zilla Parishad was ordered to review the application, seek any further information, and forward its recommendation to the State within specified time‑frames. The State was then instructed to determine eligibility and the quantum of reimbursement, release the amount to the Zilla Parishad, which in turn must pay the school, all within strict deadlines. If the school is found ineligible, a reasoned order must be issued, allowing the school to pursue other legal remedies. The petition was disposed with these procedural directions and no order on costs.

Issues considered

  • Whether the school is entitled to reimbursement of fees for students admitted under the 25% quota under the RTE Act
  • What procedural steps must be followed by the school, Zilla Parishad, and the State to determine and release any reimbursement

Legislation cited

Subjects

  • RTE Act
  • 25% quota
  • fee reimbursement
  • writ petition
  • procedural directions
  • Zilla Parishad
  • Maharashtra

Judgment

                                                                              910-wp-9328-2026.doc




                      jsn

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                         WRIT PETITION NO.9328 OF 2026
JITENDRA
SHANKAR
NIJASURE               Radhika Shikshan Santha’s                        …Petitioner
Digitally signed by
JITENDRA SHANKAR
NIJASURE
                       Radhika English Medium School
Date: 2026.09.05
11:06:38 +0530


                             Versus

                       The State of Maharashtra & Ors.                  …Respondents
                                                    ----------
                      Mr. Rayyan Shah, Mr. Devanand Bhosale with Mr. Satyajeet Borade
                      i/b. Mr. Vaibhav D. Kadam for the Petitioner.
                      V.M. Mali, AGP for the Respondent Nos.1, 2, 4 and 7 - State.
                                                       ----------

                                                 CORAM : R.I. CHAGLA AND
                                                         FIRDOSH P. POONIWALLA, JJ.
                                                 DATE  : 3RD SEPTEMBER, 2026.

                      O R D E R:-


                      1.            Pursuant to the Order dated 27th August 2026, the

                      Petitioner has joined the State of Maharashtra, through Additional

                      Chief Secretary, Finance Department, Mantralaya, Mumbai, as

                      Respondent No.7 in this Writ Petition. The learned Counsel appears

                      for the said Respondent.



                      2.              Rule. Rule made returnable forthwith. Heard finally by


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consent of the parties.



3.           By the present Writ Petition, the Petitioner - School has

sought for reimbursement of fees of their students admitted under

the 25% quota in terms of the provisions of Right of Children to Free

and Compulsory Education Act, 2009 (“RTE Act”).



4.           Heard the learned Counsel appearing for the parties. We

have perused the prior Orders passed by this Court, including the

Order dated 20th August 2026 passed in City International School

Kothrud Vs. The State of Maharashtra and Others, Writ Petition

No.10361 of 2026, where similar relief had been sought and

directions have been issued by this Court. Accordingly, in the present

Writ Petitions, we pass the following order.:-



             i) Notwithstanding the Petitioner - School has submitted

      representation to Respondent Nos.4 and 5 - Zilla Parishad,

      Nashik, the Petitioner – School shall address a fresh

      communication in the prescribed format, annexing the

      supporting documents which are relied upon for claiming

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reimbursement of their dues within a period of one week from

today viz., on or before 10th September 2026, to Zilla

Parishad, Nashik.



      (ii) Zilla Parishad, Nashik shall, upon receipt of the

communication from the Petitioner - School, within a period of

one week therefrom viz., on or before 17th September 2026,

call upon the Petitioner – School to comply with the requisite

communication, if any. This shall be complied with by the

Petitioner – School within a period of one week thereafter viz.,

on or before 24th September 2026.



      (iii) Zilla Parishad, Nashik shall then forward their

recommendation to Respondent – State on the Petitioner –

School’s proposal within a period of two weeks therefrom viz.,

on or before 8th October 2026.



      (iv.) Respondent – State shall upon receipt of the

recommendation of Zilla Parishad, Nashik determine the

eligibility as well as the quantum of reimbursement due and

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payable, within a period of seven weeks thereafter viz., on or

before 26th November 2026.



      (v.) The admissible amount shall thereafter be released

by Respondent - State to Zilla Parishad, Nashik within a period

of two weeks from such determination viz., on or before 10th

December 2026.



      (vi.) Zilla Parishad, Nashik in turn, shall release such

amount to the Petitioner – School within a period of one week

from the receipt of the said amount viz., on or before 17th

December 2026.



      (vii.) 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 then be at liberty to seek redressal of their grievances, if

any, in accordance with law.



      (viii) The aforesaid timelines have been prescribed after

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      taking into account the submissions made by the Respondents

      and the appropriate period has been granted to them for such

      compliance. Accordingly, the timelines shall be strictly

      followed.



            (ix.) The present Writ Petition is disposed of in terms of

      the aforesaid order. There shall be no order as to costs.



5.          Place the present Writ Petition on 18th December 2026

under the caption “For Compliance”. If, by then, the directions given

in this Order have not been complied with, the concerned Officers of

Respondent – State and Zilla Parishad, Nashik, respectively, shall

remain present in Court to explain the reason for such non-

compliance on their part.




      [ FIRDOSH P. POONIWALLA, J.]                 [R.I. CHAGLA J.]




                                   5


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