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2026 DAILYLAW 11019 (BOM)

VISION ACADEMY ENGLISH MEDIUM SCHOOL THRU PRESIDENT v. THE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

WP/12342/2026 · 2026-09-24

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Judgment text

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908-wp-12342-2026.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12342 OF 2026 Vision Academy English Medium School …Petitioner Versus The State of Maharashtra & Ors. …Respondents ---------- Mr. Gaumish Rohra with Mr. Rayyan Shah and Mr. Sameer Parkar i/b. Vaibhav Kadam for the Petitioner. Mr. P.G. Savant, AGP for the Respondent Nos.1 to 5 - State. ---------- CORAM : R.I. CHAGLA J FIRDOSH P. POONIWALLA, J. DATE : 24TH SEPTEMBER 2026. ORDER : 1. The learned Counsel appearing for the Petitioner has tendered Affidavit of Service which has been filed on 22nd September 2026 and which shows service on the Respondents. This is taken on record. 2. None appears for the Respondent Nos.6 and 7 – Zilla Parishad, Nashik, inspite of service. 3. Rule. Rule made returnable forthwith. Heard finally by 1/5 JITENDRA SHANKAR NIJASURE Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2026.09.24 18:35:50 +0530 908-wp-12342-2026.doc consent of the parties. 4. 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”). 5. Heard the learned Counsel appearing for the parties. We have perused the prior orders passed by this Court, including the order dated 5th August 2026 in Sanskar Primary and High School Pune Vs. The State of Maharashtra and Ors.1, where similar relief had been sought and directions have been issued by this Court. Accordingly, in the present Writ Petition, we pass the following order.:- i. Notwithstanding the Petitioner - School having submitted its representations to Respondent Nos.6 & 7 - Zilla Parishad, Nashik, together with the statement of actual dues for which reimbursement has been sought, the Petitioner – School shall address a fresh 1 WP 9828/2026 2/5 908-wp-12342-2026.doc communication in the prescribed format annexing the supporting documents, which are relied upon for claiming reimbursement of their dues within a period of one week from today i.e., on or before 1st October 2026 to Respondent Nos.6 and 7 – Zilla Parishad, Nashik. ii. Respondent Nos. 6 & 7 – Zilla Parishad, Nashik shall upon receipt of such communication, within a period of one week therefrom i.e., on or before 8th October 2026 call upon the Petitioner – School to comply with the remaining requisitions, if any. This shall be complied with by the Petitioner – School within a period of one week thereafter i.e., on or before 15th October 2026. iii. Respondent Nos.6 and 7 – Zilla Parishad, Nashik shall then forward their recommendations to Respondent Nos. 1 to 5 – State on the Petitioner – School’s proposal within a period of two weeks therefrom i.e., on or before 29th October 2026. 3/5 908-wp-12342-2026.doc iv. Respondent Nos. 1 and 2 – State shall upon receipt of the recommendations of Respondent Nos.6 and 7 – Zilla Parishad, Nashik determine the eligibility as well as the quantum of reimbursement due and payable, within a period of seven weeks thereafter i.e., on or before 17th December 2026. v. The admissible amount shall thereafter be released by Respondent Nos. 1 to 5 – State to Respondent Nos.6 & 7 – Zilla Parishad, Nashik within a period of two weeks from such determination i.e., on or before 31st December 2026. vi. Respondent No.6 & 7 – 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 i.e., on or before 7th January 2027. 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 – 4/5 908-wp-12342-2026.doc School shall then be at liberty to seek redressal of its grievances, if any, in accordance with law. Viii. The aforesaid timelines have been prescribed after taking into account the submissions made by the Respondents and the period sought by 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. 6. Place the present Writ Petition on 7th January 2027 under the caption “For Compliance”. If, by then, the directions given in this order have not been complied with, the concerned Officers of Respondent Nos. 1 to 5 – State and Respondent Nos.6 & 7 – 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.] 5/5