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2026 DAILYLAW 18545 (BOM)

NPS SCHOLARS ACADEMY THR. ITS PRINCIPAL AND ANR v. THE STATE OF MAHA. THR. THE PRINCIPAL SECRETARY SCHOOL EDUCATION AND SPORTS DEPARTMENT AND ORS

WP/13559/2026 · 2026-10-14

body2026

Judgment text

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912-WP 13559.2026.doc Kavita S. J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13559 OF 2026 NPS Scholars Academy & Anr., …Petitioners Versus State of Maharashtra & Ors. …Respondents ---------- Mr. Sohil Gulabani a/w Sai Rajendra Kadam, James Lopez & Nilima Gangan i/b Ajit Kenjale for the Petitioners. Ms. Priyanka Chavan, AGP for Respondents – State. Mr. Shrishail Sakhare for Respondent Nos. 3 & 4 – ZP, Thane. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE : 14th OCTOBER, 2026. ORDER : 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By the present Writ Petition, the Petitioner - Institution 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”). 1/5 KAVITA SUSHIL JADHAV Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.10.14 18:16:02 +0530 912-WP 13559.2026.doc 3. 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 City International School, Kothrud 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 - Institution having submitted its Representations to Respondent Nos.3 & 4 - Zilla Parishad, Thane, together with the statement of actual dues for which reimbursement has been sought, the Petitioner – Institution 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 21st October, 2026 to Respondent Nos. 3 & 4 – Zilla Parishad, Thane. ii. Respondent Nos. 3 & 4 – Zilla Parishad, Thane shall upon receipt of such communication, within a 1 WP 10361 of 2026, Order dated 26th August, 2026 2/5 912-WP 13559.2026.doc period of one week therefrom i.e., on or before 28th October, 2026 call upon the Petitioner – Institution to comply with the remaining requisitions, if any. This shall be complied with by the Petitioner – Institution within a period of one week thereafter i.e., on or before 4th November, 2026. iii. Respondent Nos.3 & 4 – Zilla Parishad, Thane shall then forward their recommendations to Respondents – State on the Petitioner – Institution’s proposal within a period of two weeks therefrom i.e., on or before 18th November, 2026. iv. Respondents – State shall upon receipt of the recommendations of Respondent Nos. 3 & 4 – Zilla Parishad, Thane 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 6th January, 2027. v. The admissible amount shall thereafter be released by Respondents – State to Respondent Nos. 3 & 4 – 3/5 912-WP 13559.2026.doc Zilla Parishad, Thane within a period of two weeks from such determination i.e., on or before 20th January, 2027. vi. Respondent Nos.3 & 4 – Zilla Parishad, Thane in turn, shall release such amount to the Petitioner – Institution within a period of one week from the receipt of the said amount i.e., on or before 27th January, 2027. vii. In the event the Petitioner – Institution is held to be not entitled for any amount of reimbursement, a reasoned order to that effect shall be passed and the Petitioner – Institution 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. 4/5 912-WP 13559.2026.doc 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 27th 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 Respondents – State and Respondent Nos.3 & 4 – Zilla Parishad, Thane, 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