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CDJ 2026 BHC 065 print Preview print Next print
Court : High Court of Judicature at Bombay
Case No : Civil Writ Petition No. 104 of 2026, Civil Writ Petition No. 15263 of 2025
Judges: THE HONOURABLE MR. JUSTICE RAVINDRA V. GHUGE & THE HONOURABLE MR. JUSTICE ABHAY J. MANTRI
Parties : Matoshri Shantabai Govindrao Sonawane English Medium School, Through its Principal, Altaf Khan, Nashik & Others Versus The State of Maharashtra Primary Education Department, Mumbai & Others
Appearing Advocates : For the Petitioners: Shrinath Badade a/w Rayyan Shah i/b. Vaibhav Kadam, Advocates. For the Respondents: R1 to R4, P.P. Kakade, Addl. GP a/w Priyanka Chavan, AGP.
Date of Judgment : 12-01-2026
Head Note :-
Right of Children to Free & Compulsory Education Act, 2009 -

Comparative Citations:
2026 BHC-AS 1971, 2026 BHC-AS 1973,
Summary :-
Statutes / Acts / Rules Mentioned:
- Right of Children to Free and Compulsory Education Act, 2009
- Rule

Catch Words:
- Reimbursement
- Entitlement
- Writ Petition
- Direction
- Release of arrears
- Right of Children to Free and Compulsory Education Act

Summary:
The Court entertained a writ petition seeking a direction to release arrears claimed under the Right of Children to Free and Compulsory Education Act, 2009. Referring to a prior order in Writ Petition No. 6020 of 2024, the Court granted the State of Maharashtra eight weeks to examine each petitioner's claim. The State was directed to determine eligibility and quantum of reimbursement and to release the admissible amount within two weeks thereafter. If a petitioner is found ineligible, the State must issue a reasoned order, allowing the petitioner to pursue further legal remedy. The petition was disposed of on these terms, and the rule was discharged.

Conclusion:
Petition Allowed
Judgment :-

Oral Judgment:

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the Parties.

2. The sole request made in this Writ Petition is for a direction to release the amount of arrears which the Petitioners claim towards entitlement grants under the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

3. Our attention is invited to earlier orders passed in the Writ Petitions seeking similar relief. Thus, following the order passed in Writ Petition No.6020 of 2024 (Gurukul English Medium School Vs. The State of Maharashtra and Ors.), dated 2nd May 2024, the following directions are issued :-

                   (i) Time of eight weeks is granted to the Respondents/State of Maharashtra to scrutinize the case of each Petitioner.

                   (ii) The eligibility as well as quantum of reimbursement, would be determined by the concerned Respondent.

                   (iii) The admissible amount of reimbursement to such Petitioner, be released within a period of two weeks thereafter.

                   (iv) If any Petitioner is not entitled for any amount of reimbursement, a reasoned order to that effect be passed and such Petitioner would be at liberty to seek redressal of his grievance, in accordance with law.

4. This Writ Petition is disposed off in the above terms. Rule is discharged.

 
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