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2026 DAILYLAW 17067 (BOM)

SARTHI SHIKSHAN PRASARAK MANDAL THRU SECRETARY v. THE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

WP/12875/2026 · 2026-10-07

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Judgment text

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1 909-wp-12875- 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12875 OF 2026 Sarthi Shikshan Prasarak Mandal through Secretary ...Petitioner Vs. The State of Maharashtra through Principal Chairman 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. Mr. O. A. Chandurkar, Addl.G.P. a/w. Ms. Priyanka Chavan, AGP, for the Respondent / State. ----------------- CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 7th OCTOBER, 2026 P.C.:- 1. The learned Counsel appearing for the Petitioner has sought leave to amend the cause title of the Petition by joining State of Maharashtra through Assistant Chief Secretary, Finance Department, Mantralaya, Mumbai, as party Respondent No.4. Leave granted. 2. The amendment shall be carried out during the course of the Mamta Kale 1/5 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.10.09 12:37:29 +0530 2 909-wp-12875- 2026.doc day. Re-verification is dispensed with. 3. The amended Petition shall be served on the newly joined Respondent upon carrying out the amendment. 4. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 5. 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”). 6. 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 Mamta Kale 2/5 3 909-wp-12875- 2026.doc 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 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 Mamta Kale 3/5 4 909-wp-12875- 2026.doc 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, 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 Mamta Kale 4/5 5 909-wp-12875- 2026.doc followed. ix. The present Writ Petition is disposed of in terms of the aforesaid order. There shall be no order as to costs. 7. 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 – 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