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2026 DAILYLAW 2223 (BOM)

JAGDISH KRISHNA EDUCATIONAL SOC AND ANR v. THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

WP/10667/2026 · 2026-08-20

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

905-WP 10667.2026.doc Kavita S.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10667 OF 2026 Jagdish Krishna Educational Society, Bhiwandi through its Secretary and Anr. …Petitioners Versus The State of Maharashtra & Ors. …Respondents ---------- Mr. Dnyaneshwar Pokale for Petitioners. Mr. P.P. Kakade, Addl. GP a/w Ms. Priyanka B. Chavan, AGP for Respondent – State. Mr. Shrishail Sakhare for Respondent Nos. 4 & 5. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE : 20H AUGUST 2026. ORDER : 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By this Writ Petition the Petitioners have sought for reimbursement of their fees in respect of the Petitioners – Schools in accordance with Section 12(2) of the Right of Children to Free and Compulsory Education, Act 2009 (“RTE Act”). 1/5 KAVITA SUSHIL JADHAV Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.08.24 18:55:11 +0530 905-WP 10667.2026.doc 3. Heard the learned Counsel for the parties. 4. We perused the prior orders passed by this Court including the Order dated 5th August, 2026 in Sanskar Primary and High School Pune Vs. The State of Maharashtra in Writ Petition No.9826 of 2026, wherein similar prayer was sought and directions were issued by this Court. 5. Accordingly, in the present Writ Petition we pass the following order: (i) Notwithstanding the Petitioners - Schools having submitted their representations to Respondent No.5 – Education Officer (Primary), Zilla Parishad, Thane, together with the statement of actual dues for which reimbursement has been sought, the Petitioners – Schools 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 31th August 2026 to Respondent Nos. 4 & 5 – Zilla Parishad, Thane. 2/5 905-WP 10667.2026.doc (ii) Respondent Nos. 4 & 5 – Zilla Parishad, Thane shall, upon receipt of such communication, within a period of one week therefrom i.e., on or before 7th September, 2026 call upon the Petitioners – Schools to comply with the remaining requisitions, if any. This shall be complied with by the Petitioners – Schools on or before 15th September, 2026. (iii) Respondent Nos. 4 & 5 – Zilla Parishad, Thane shall, then forward their recommendations to Respondent Nos. 1 to 3 – State on the Petitioners – Schools’ proposal within a period of two weeks therefrom i.e., on or before 29th September 2026. (iv) Respondent Nos. 1 to 3 – State shall, upon receipt of the recommendations of Respondent Nos. 4 & 5 – 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 17th November, 2026. (v) The admissible amount shall thereafter be 3/5 905-WP 10667.2026.doc reimbursed by Respondent Nos. 1 to 3 – State to Respondent Nos. 4 & 5 – Zilla Parishad, Thane within a period of two weeks from such determination i.e., on or before 1st December, 2026. (vi) Respondent Nos.4 & 5 – Zilla Parishad, Thane in turn, shall release such amount to the Petitioners – Schools within a period of one week from the receipt of the said amount i.e., on or before 8th December, 2026. (vii) In that event, the Petitioners – Schools are held to be not entitled for any amount of reimbursement, a reasoned order to that effect shall be passed and the Petitioners – Schools 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. 4/5 905-WP 10667.2026.doc (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 14th December, 2026 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 to 3 – State and Respondent No. 5 – Education Officer (Primary) of the 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