HOLY FAITH ENGLISH SCHOOL THRU PRINCIPAL AND ANR v. THE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
WP/11187/2026 · 2026-09-02
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6014 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6014 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 901-wp-11187-2026 and 902-wpl-29169-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11187 OF 2026 Holy Faith English School through its Principal and Another ...Petitioners Vs. The State of Maharashtra through its Principal Secretary and Others ...Respondents WITH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 29169 OF 2026 Karmaveer Bhaurao Patil English School (Primary Section) through Principal / Head Mistress and Another ...Petitioners Vs. The State of Maharashtra through its Principal Secretary and Others ...Respondents ----------------- Mr. Ajit Kenjale a/w. Mr. Azharuddin Khan, for the Petitioners in both Petitions. Mr. Shrishail Sakhare, for Respondent Nos.2 and 3 in both Petitions. Smt. Vaishali S. Nimbalkar, AGP, for Respondent / State in WP/11187/2026. Ms. Anupamaa Pawar, AGP, for Respondent No.1 / State in WPL/29169/2026. Ms. Anuja Tirmali i/b. Komal Punjabi, for Respondent Nos.4 and 5. Mr. Aniruddha A. Kulkarni, Under Secretary, School Education Department, Mamta Kale 1/5 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.09.02 17:49:12 +0530
2 901-wp-11187-2026 and 902-wpl-29169-2026.doc Mantralaya, Mumbai. -----------------
CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ.
DATED : 2nd SEPTEMBER, 2026 P.C.:-
1. Pursuant to the Order dated 27th August 2026, the Petitioners have joined the State of Maharashtra, through Additional Chief Secretary, Finance Department, Mantralaya, Mumbai, as Respondent No.5 in Writ Petition No.11187 of 2026 and Respondent No.6 in Writ Petition (Lodging) No. 29169 of 2026. The learned Counsel appears for the said Respondent.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
3. By the present Writ Petitions, the Petitioners - Schools 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 20th August 2026 passed in City International School Kothrud Vs. The State of Maharashtra and Others in Writ Petition No.10361 of 2026, Mamta Kale 2/5
3 901-wp-11187-2026 and 902-wpl-29169-2026.doc where similar relief had been sought and directions have been issued by this Court. Accordingly, in the present Writ Petitions, we pass the following
order.:- i) Notwithstanding the Petitioners - Schools having submitted their representations to Respondent Nos.2 and 3 - Zilla Parishad, Thane in Writ Petition No.11187 of 2026 and Respondent Nos.3 and 4 Brihanmumbai Municipal Corporation (BMC) in Writ Petition (L) No. 29169 of 2026, 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 viz., on or before 9th September 2026, to the aforesaid Respondents. ii. Zilla Parishad, Thane / BMC shall, upon receipt of the communications from the Petitioners - Schools, within a period of one week therefrom viz., on or before 16th September 2026, call upon the Petitioners – Schools to comply with the requisite communications, if any. This shall be complied with by the Petitioners – Schools within a period of one week thereafter viz., on or before 23rd September 2026. Mamta Kale 3/5
4 901-wp-11187-2026 and 902-wpl-29169-2026.doc iii. Zilla Parishad, Thane / BMC shall then forward their recommendations to Respondent – State on the Petitioners – Schools’ proposals within a period of two weeks therefrom viz., on or before 7th October 2026. iv. Respondent – State shall upon receipt of the recommendations of Zilla Parishad, Thane / BMC determine the eligibility as well as the quantum of reimbursement due and payable, within a period of seven weeks thereafter viz., on or before 25th November 2026. v. The admissible amount shall thereafter be released by Respondent - State to Zilla Parishad, Thane / BMC within a period of two weeks from such determination viz., on or before 9th December 2026. vi. Zilla Parishad, Thane / BMC in turn, shall release such amount to the Petitioners – Schools within a period of one week from the receipt of the said amount viz., on or before 16th December 2026. vii. In the 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 – School shall then be at liberty to seek redressal of their grievances, if any, in accordance with law. Mamta Kale 4/5
5 901-wp-11187-2026 and 902-wpl-29169-2026.doc viii. The aforesaid timelines have been prescribed after taking into account the submissions made by the Respondents and the appropriate period has been granted to them for such compliance. Accordingly, the timelines shall be strictly followed. ix. The present Writ Petitions are disposed of in terms of the aforesaid order. There shall be no order as to costs.
5. Place the present Writ Petitions on 17th 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 – State and Zilla Parishad, Thane / BMC, 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