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2026 DAILYLAW 6067 (BOM)

MOUNT LITERA ZEE SCHOOL, ALATE AND ANR v. THE STATE OF MAHARASHTRA THR. ITS SECRETARY AND ORS

WP/4273/2026 · 2026-09-02

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Judgment text

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44 & 45 wp 4272-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4272 OF 2026 Paramount English Medium School, Koparde and Another. ...Petitioners. Versus The State of Maharashtra and Others. ...Respondents. WITH WRIT PETITION NO. 4273 OF 2026 Mount Litera Zee School, Alate and Another. ...Petitioners. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Utkarsh Desai i/b P. S. Bhavake for the Petitioner. Mr. Santosh A. Jadhav, AGP for the Respondent-State. Mr. Kedar Lad and Poonam Dhotre for the Respondent No. 5 —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 2, 2026. P. C. : 1. Both these petitions are taken up for hearing together as common issue arises and common submissions are advanced. The relief sought in the petitions is for a direction to the Respondents to reimburse the expenses for imparting free education to the children belonging to the disadvantaged and weaker sections of the society under the provisions of Right of Children to Free and Compulsory Education Act, 2009. Patil-SR 1 of 2 2026:BHC-KOL:8457-DB 44 & 45 wp 4272-26.doc 2. Learned Counsel appearing for the Petitioners submits that the issue is settled by the decisions of this Court which are annexed to the petition from page no.60 onwards. 3. We have perused the record as well as the judicial pronouncements placed on record. This Court in identical situation has disposed of petitions by directing the State to scrutinise the cases of Petitioners and decide the eligibility as well as quantum of reimbursement and thereafter release the amount. Therefore, we are inclined to pass the same order. 4. The Petitions stand disposed of by granting a period of eight weeks to the Respondent No.5, within which period, the Petitioners’ eligibility as well as quantum of reimbursement will be scrutinised and determined by the Respondent No.5. In the event, the Petitioners are found to be eligible and the quantum is determined, the admissible amount to be released within a period of two weeks thereafter. In the event of any adverse order, the Petitioners are at liberty to take appropriate steps in accordance with law. The prayer for grant of interest on the amount to be reimbursed is kept open with liberty to the Petitioners to pursue the same in accordance with law. 5. Petitions are disposed of in the above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Patil-SR 2 of 2