MANDAKINI JAYWANT INTERNATIONAL SCHOOL THRU KSIGNATORY AND ANR v. THE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
WP/13656/2026 · 2026-10-15
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[ 2026 DAILYLAW 20169 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20169 (BOM) · dailylaw.ai ]
Judgment text
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1 16-wp-13656-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13656 OF 2026 Mandakini Jaywant International School through Signatory and Another ...Petitioners Vs. The State of Maharashtra through Secretary and Others ...Respondents ----------------- Mr. Sai Rajendra Kadam a/w. Mr. Azharuddin A. Khan i/b. Mr. Ajit J. Kenjale, for the Petitioners. Mr. Shrishail Sakhare, for Respondent No.3. Mr. Sachin H. Kankal, AGP, for the Respondent / State. -----------------
CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 15th 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/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 Mamta Kale 1/5 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.10.16 11:22:16 +0530
2 16-wp-13656-2026.doc Compulsory 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 5th August 2026 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/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 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 22nd October, 2026 to Respondent No.4 – Zilla Parishad, Palghar. ii. Respondent No. 4 – Zilla Parishad, Mamta Kale 2/5
3 16-wp-13656-2026.doc Palghar shall upon receipt of such communication, within a period of one week therefrom i.e., on or before 29th 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 5th 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 weeks therefrom i.e., on or before 19th 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 Mamta Kale 3/5
4 16-wp-13656-2026.doc period of seven weeks thereafter i.e., on or before 7th 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 21st 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 28th January, 2027. 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 Mamta Kale 4/5
5 16-wp-13656-2026.doc 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 28th 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, 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