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2026 DAILYLAW 20284 (BOM)

YASH VIDYA NIKETAN SCHOOL THROU. ITS PRINCIPAL AND ANR v. STATE OF MAHARASHTRA THROU. ITS PRINCPAL SEC. SCHOOL EDUCATION AND SPORTS DEPT AND ORS

WP/13906/2026 · 2026-10-15

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Judgment text

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1 907-wp-13906- 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13906 OF 2026 Yash Vidya Niketan School (S.S.C.) through its Principal and Another ...Petitioners Vs. State of Maharashtra through its the Principal Secretary and Others ...Respondents ----------------- Mr. Sai Rajendra Kadam a/w. Mr. Rutvik Pravin Raut, for the Petitioners. Mr. Vaibhav Charlawar, ‘B’ Panel Counsel a/w. Mr. P. G. Sawant, AGP, for the Respondent / State. ----------------- CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 15th OCTOBER, 2026 P.C.:- 1. The learned Counsel appearing for the Petitioners has tendered a Service Notice dated 13th October 2026 issued to the Respondents wherein Respondent Nos.4 and 5 have duly acknowledged the service. Inspite of service, none appears for Respondent No.4 – Education Officer (Primary), Zilla Parishad, Palghar and Respondent No.5 – Block Education Officer, Panchayat Samiti, Vasai. Mamta Kale 1/5 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.10.16 11:22:16 +0530 2 907-wp-13906- 2026.doc 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. 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”). 4. 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. Mamta Kale 2/5 3 907-wp-13906- 2026.doc ii. Mamta Kale 2/5 3 907-wp-13906- 2026.doc 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 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 period of seven weeks thereafter i.e., on or before 7th January, 2027. v. The admissible amount shall thereafter be released Mamta Kale 3/5 4 907-wp-13906- 2026.doc 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 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. Mamta Kale 4/5 5 907-wp-13906- 2026.doc ix. The present Writ Petition is disposed of in terms of the aforesaid order. There shall be no order as to costs. 5. 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