Bombay High Court
PERIWINKLE ENGLISH MEDIUM SCHOOL AND JUNIOR COLLEGE SUS THRU PRINCIPALversusTHE STATE OF MAHARASHTRA THRU PRINCIPAL AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the Finance Department must be joined as a respondent for the reimbursement orders under Section 12 of the RTE Act.
Summary
The petitioners, a group of schools, filed several writ petitions seeking reimbursement of dues under Section 12 of the Right to Education (RTE) Act. The State of Maharashtra, represented by the Additional Chief Secretary, Finance Department, was not joined as a respondent in those petitions. The learned Additional Government Pleader for the State highlighted that the Finance Department is the appropriate party to which directions for reimbursement should be addressed. The Court considered this submission and held that the Finance Department must be joined as a respondent. Consequently, the Court ordered the petitioners to amend the petitions by adding the Finance Department as a party, dispensing with any further verification.
Issues considered
- Whether the Finance Department of the State of Maharashtra is a necessary party for granting reimbursement under Section 12 of the Right to Education Act.
Legislation cited
- Right to Education Act — s. 12
Subjects
- Right to Education
- Section 12
- reimbursement
- Finance Department
- joinder of parties
- writ petition
Judgment
906-wp-9893-2026-grp.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9893 OF 2026
Priyadarshani English Medium School …Petitioner
The Chairman Rajiv I Raj
Versus
The State of Maharashtra & Ors. …Respondents
WITH
WRIT PETITION NO.9615 OF 2026
WRIT PETITION NO.9895 OF 2026
Digitally
signed by
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2026.08.28
12:53:19
WRIT PETITION NO.9890 OF 2026
+0530
WRIT PETITION NO.9889 OF 2026
WRIT PETITION NO.9901 OF 2026
WRIT PETITION NO.9904 OF 2026
WRIT PETITION NO.9902 OF 2026
WRIT PETITION NO.9903 OF 2026
WRIT PETITION NO.9898 OF 2026
WRIT PETITION NO.9899 OF 2026
WRIT PETITION NO.9896 OF 2026
WRIT PETITION NO.10868 OF 2026
WRIT PETITION NO.10858 OF 2026
WRIT PETITION NO.10795 OF 2026
WRIT PETITION NO.10809 OF 2026
WRIT PETITION NO.10872 OF 2026
WRIT PETITION NO.10873 OF 2026
WRIT PETITION NO.10794 OF 2026
WRIT PETITION NO.10798 OF 2026
WRIT PETITION NO.10862 OF 2026
WRIT PETITION NO.10864 OF 2026
WRIT PETITION NO.10796 OF 2026
WRIT PETITION NO.10800 OF 2026
WRIT PETITION NO.10807 OF 2026
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906-wp-9893-2026-grp.doc
WRIT PETITION NO.10808 OF 2026
WRIT PETITION NO.10804 OF 2026
WRIT PETITION NO.10806 OF 2026
WRIT PETITION NO.10785 OF 2026
WRIT PETITION NO.10900 OF 2026
WRIT PETITION NO.10902 OF 2026
WRIT PETITION NO.10895 OF 2026
WRIT PETITION NO.10898 OF 2026
WRIT PETITION NO.10901 OF 2026
WRIT PETITION NO.10896 OF 2026
WRIT PETITION NO.10899 OF 2026
WRIT PETITION NO.10903 OF 2026
----------
Mr. Sohan Gunjal with Ms. Ekta Parab for the Petitioner.
Mr. P.P. Kakade, Addl. G.P. with Smt. P.N. Diwan, AGP in WP
No.9895 of 2026, 9890 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Smt. P.J. Gavhane, AGP in WP
No.9889 of 2026, 9901 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Smt. M.P. Thakur, AGP in WP
No.9904 of 2026 and 9902 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Smt. Priyanka Chavan, AGP in WP
No.9903 of 2026 and 9898 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Mr. S.H. Kankal, AGP in WP
No.9899 of 2026 and 9896 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Vikas M. Mali, AGP for State.
S.V. Gavand with P.H. Gaikwad for Respondent No.3 – (Education
Officer Primary Pune, Z.P. Pune).
Mr. P.P. Kakade, Addl. G.P. with Smt. Nisha M Mehard, AGP in WP
No.10795 of 2026 and 10809 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Ms. M.P. Thakur, AGP in WP
No.10872 of 2026 and 10873 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Ms. Priyanka Chavan, AGP in WP
No.10794 of 2026 and 10798 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Ms. P. N. Diwan, AGP in WP
No.10882 of 2026 and 10864 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Mr. A.K. Naik, AGP in WP No.10796
of 2026 and 10800 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Ms. D.S. Deshmukh, AGP in WP
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906-wp-9893-2026-grp.doc
No.10807 of 2026 and 10807 of 2026 and 10804 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Shri Vikas Mali, AGP in WP
No.10806 of 2026 and 10785 of 2026.
Mr. P.P. Kakade, Addl. G.P. with Mr. S.H. Kankal, AGP for State.
----------
CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J.
DATE : 27 August 2026.
ORDER :
1. At the outset, the learned AGP appearing for the
Respondent No.1 – State has brought to the notice of this Court that
in several of the Writ Petitions which have been filed and which seek
the prayer of reimbursement of dues under Section 12 of the RTE Act
in respect of the Petitioners – Schools, the Finance Department of the
State has not been joined as party Respondents. She has submitted
that it is the Finance Department of the State who is necessary party
and to whom the directions can be issued for reimbursement of dues
of the Petitioners – Schools.
2. We have taken this submission into consideration and
accordingly direct the Petitioners to join the State of Maharashtra
through Additional Chief Secretary, Finance Department, Mantralaya,
Mumbai as party Respondent.
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3. This amendment shall be carried out forthwith. Re-
verification is dispensed with.
[FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.]
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