JYOTIRLING ENGLISH MEDIUM SCHOOL, NIRA THR CHAIRMAN M B MERGAL v. THE STATE OF MAHARASHTRA AND ORS
WP/12885/2026 · 2026-10-07
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16865 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16865 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 909-wp-12885- 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12885 OF 2026 Jyotirling English Medium School, Nira through its Chairman Mr. M B Mergal ...Petitioner Vs. The State of Maharashtra through its Principal Chairman, School Education Department and Others ...Respondents ----------------- Mr. Sohan Gunjal, for the Petitioner. Mr. P. H. Gaikwad a/w. Mr. S. V. Gavand, for Respondent No.3 / Education Officer, Z.P. Pune. Ms. Reena Salunkhe, AGP, for the Respondent / State. -----------------
CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 7th OCTOBER, 2026 P.C.:-
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. 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 Mamta Kale 1/5 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.10.09 19:44:27 +0530
2 909-wp-12885- 2026.doc Education Act, 2009 (“RTE Act”). 3. 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 Ors., 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 No.3 - Zilla Parishad, Pune, together with the statement of actual dues for which reimbursement has been sought, the Petitioner – School shall address a fresh 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 14th October 2026 to Respondent No.3 – Zilla Parishad, Pune. ii. Respondent No. 3 – Zilla Parishad, Pune shall upon receipt of such communication, within a period of one week therefrom i.e., on or before 21st October 2026 call upon the Petitioner – School to comply with the remaining requisitions, if any. This shall be complied with by the Mamta Kale 2/5
3 909-wp-12885- 2026.doc Petitioner – School within a period of one week thereafter i.e., on or before 28th October 2026. iii. Respondent No.3 – Zilla Parishad, Pune shall then forward their recommendations to Respondent Nos.1 and 2 – State on the Petitioner – School’s proposal within a period of two weeks therefrom i.e., on or before 11th November
2026. iv. Respondent Nos. 1 and 2 – State shall upon receipt of the recommendations of Respondent No.3 – Zilla Parishad, Pune 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 30th December 2026.
v. The admissible amount shall thereafter be released by Respondent Nos. 1 and 2 – State to Respondent No.3 – Zilla Parishad, Pune within a period of two weeks from such determination i.e., on or before 13th January 2027. vi. Respondent No.3 – Zilla Parishad, Pune in turn, Mamta Kale 3/5
4 909-wp-12885- 2026.doc 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 20th 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 – 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.
4. Place the present Writ Petition on 20th 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 and 2 Mamta Kale 4/5
5 909-wp-12885- 2026.doc – State and Respondent No.3 – Education Officer (Primary) of the Zilla Parishad, Pune, 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.] Mamta Kale 5/5