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2026 DAILYLAW 4856 (BOM)

HOLY FAITH ENGLISH SCHOOL THRU PRINCIPAL AND ANR v. THE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

WP/11187/2026 · 2026-08-27

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Judgment text

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907-908-wp-11187-29169-2026.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11187 OF 2026 Holy Faith English School & Anr. …Petitioners Versus The State of Maharashtra & Ors. …Respondents WITH WRIT PETITION NO.29169 OF 2026 (OS) Karmaveer Bhaurao Patil English School (Primary Section) & Anr. …Petitioners Versus The State of Maharashtra & Ors. …Respondents ---------- Mr. Ajit Kenjale, Mr. Sai Rajendra Kadam and Mr. Azharuddin A. Khan for the Petitioners in both Writ Petitions. Ms. Vaishali Nimbalkar, AGP for the Respondent Nos.1 and 4 in WP No.11187 of 2026. Ms. Anupamaa Pawar, AGP for Respondent Nos.1 and 3 in WP No.29169 if 2926, Ms. Pushpa Yadav, i/b. Ms. Komal Punjabi for Respondent Nos.4 and 5 in WP No.29169 of 2026. ---------- CORAM : R.I. CHAGLA J FIRDOSH P. POONIWALLA, J. DATE : 27 August 2026 ORDER : 1. At the outset, the learned AGP appearing for the 1/2 907-908-wp-11187-29169-2026.doc Respondent No.1 – State has brought to the notice of this Court that in several of the Writ Petitions which have been filed and which seek the prayer of reimbursement of dues under Section 12 of the RTE Act in respect of the Petitioners – Schools, the Finance Department of the State has not been joined as party Respondents. She has submitted that it is the Finance Department of the State who is necessary party and to whom the directions can be issued for reimbursement of dues of the Petitioners – Schools. 2. We have taken this submission into consideration and accordingly direct the Petitioners to join the State of Maharashtra through Additional Chief Secretary, Finance Department, Mantralaya, Mumbai as party Respondent. 3. This amendment shall be carried out forthwith. Re- verification is dispensed with. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.] 2/2