ST. ANTHONYS HIGH SCHOOL AND JUNIOR COLLEGE THRU PRINCIPAL AND ANR v. THE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
WP/13556/2026 · 2026-10-14
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18567 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18567 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
912-WP 13556.2026.doc Kavita S. J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13556 OF 2026 St. Anthony’s High School & Junior College & Anr., …Petitioners Versus State of Maharashtra & Ors. …Respondents ---------- Sai Rajendra Kadam a/w Mr. Sohil Gulabani, James Lopez & Nilima Gangan i/b Ajit Kenjale for the Petitioners. N.C.Walimbe, Addl. GP a/w Mr. Sachin Kankal, AGP for Respondent – State. ----------
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. Mr. Kadam, learned Counsel appearing for the Petitioners has tendered Service Notice dated 7th October, 2026 issued to the Respondents, wherein Respondents have duly acknowledged service. Inspite of service, none appears for Respondent No.4 – Zilla Parishad, Palghar. 1/6 KAVITA SUSHIL JADHAV Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.10.14 18:16:02 +0530
912-WP 13556.2026.doc
3. Mr. Walimbe, learned AGP appears for Respondent Nos.1, 2, 3 & 5.
4. By the present Writ Petition, the Petitioner - School/College 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 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 - School/College having submitted its representations to Respondent No.4 - Zilla Parishad, Palghar, together with the statement of actual dues for which reimbursement has been sought, the Petitioner – School/College 1 WP 10361 of 2026, Order dated 26th August, 2026 2/6
912-WP 13556.2026.doc 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 No.4 – Zilla Parishad, Palghar. ii. Respondent No. 4 – Zilla Parishad, Palghar shall upon receipt of such communication, within a period of one week therefrom i.e., on or before 28th October, 2026 call upon the Petitioner – School/College to comply with the remaining requisitions, if any. This shall be complied with by the Petitioner – School/College within a period of one week thereafter i.e., on or before 4th November,
2026. iii. Respondent No.4 – Zilla Parishad, Palghar shall then forward their recommendations to Respondent Nos. 1, 2, 3 and 5 – State on the Petitioner – School/College’s proposal within a period of two 3/6
912-WP 13556.2026.doc weeks therefrom i.e., on or before 18th November,
2026. iv. Respondent Nos. 1, 2, 3 and 5 – State shall upon receipt of the recommendations of Respondent No.4 – Zilla Parishad, Palghar 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 Respondent Nos. 1, 2, 3 and 5 – State to Respondent No.4 – Zilla Parishad, Palghar within a period of two weeks from such determination i.e., on or before 20th January, 2027. vi. Respondent No.4 – Zilla Parishad, Palghar in turn, shall release such amount to the Petitioner – School/College within a period of one week from the receipt of the said amount i.e., on or before 27th January, 2027. 4/6
912-WP 13556.2026.doc vii.
In the event the Petitioner – School/College is held to be not entitled for any amount of reimbursement, a reasoned order to that effect shall be passed and the Petitioner – School/College 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 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 Respondent Nos. 1, 2, 3 and 5 – State and Respondent No.4 – Education Officer (Primary) of the Zilla Parishad, Palghar, 5/6
912-WP 13556.2026.doc 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.] 6/6