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
1
910-wp-9328-2026.doc
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
2
910-wp-9328-2026.doc
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
3
910-wp-9328-2026.doc
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
4
910-wp-9328-2026.doc
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
Checking your session…