Gurukul Primary School Thr. Its Head Master And ANR. v. Union Oa India Thr. Ministry Of Education And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 713 OF 2026 Challenge Academy Thr Head Mistress And Anr
VERSUS
The Union Of India And Others WITH WRIT PETITION NO. 312 OF 2026 Vivekananda Academy Of Human Excellence CBSE Thr Manager And Anr
VERSUS
The Union Of India And Others WITH WRIT PETITION NO. 714 OF 2026 Gurukul Primary School Thr. Its Head Master And Anr.
VERSUS
Union Of India Thr. Ministry Of Education And Ors. Mr. Ajit Kenjale, through VC, advocate for the petitioners Mr. Vijay Killedar a/w Mr. Shivraj Jagdale a/w Mr. Rahul Rote, advocate for Respondent No. 1 Mr. R. P. Kadam, advocate for Respondent No. 3-Zilla Parishad, Satara Mr. V. M. Mali, AGP for Respondent Nos. 2 and 4 in WP 713/2026 Mr. S. B. Kalel, AGP for Respondent Nos. 2 and 4 in WP 714/2026 Mr. M. M. Pable, AGP for Respondent Nos. 2 and 4 in WP 312/2026 CORAM : MILIND N. JADHAV, & NANDESH S. DESHPANDE, JJ.
DATE : 17th JUNE, 2026 1 of
P. C. :
1.
Heard learned advocate Mr. Ajit Kenjale, for the petitioners, learned advocate Mr. R. P. Kadam for respondent-Zilla Parishad, Satara, learned advocate Mr. Vijay Killedar, for respondent no. 1 and learned AGP in respective petitions.
2.
The grievance of the petitioners which are schools and have complied with the Government policy of giving admissions under The Right of Children to Free and Compulsory Education Act, 2009 (Hereinafter referred to as 'RTE Act') is required to be taken to its fruition. The grievance of the petitioners is that they have sought reimbursement of payment and grants from Government pursuant to such compliance. But, the proposal is kept pending without being decided. It is an admitted fact that the petitioners have suffered and incurred substantial financial hardship in continuing to fulfill their statutory obligation under the RTE Act. Albeit, however, without receiving the mandatory reimbursement. 3.
Various decisions and citations from this Court cover such similarly placed cases. We need not refer to all those cases. 4.
In that view of the matter, the Education Officer, Zilla 2 of
Parishad, Satara duly represented by advocate Mr. R. B. Kadam, is directed to scrutinize the representation of the petitioners before us seeking reimbursement of the amounts stipulated therein, immediately and forthwith and determine the same and release the said amounts as applicable and due to the schools, within a period of three weeks from today positively.
5.
Needless to state that if the petitioners are entitled to the reimbursement, the said amount shall be paid to the petitioners without any further delay and in any event within one week from the date of passing of the decision on the pending proposal of the petitioners. Liberty to the petitioners to apply to this Court in case of non-compliance. The Education Officer, Zilla Parishad, Satara will be held personally responsible and liable if there is any dereliction and delay in complying with this order.
6.
We are compelled to pass such directions only because, once the petitioners have complied with their statutory obligations, it is the duty of the State to ensure that such obligations are rewarded with the statutory emoluments to which they are entitled to. If the State behaves and derelicts in the manner in which it has happened, the robust education policy of the State of providing free education 3 of
under the RTE will itself be in jeopardy. Therefore, the Education Officer is directed by this Court to take cognizance of server copy of this order. It shall be placed before him on 19/06/2026 at 11.00 a.m. by the petitioners and he shall ensure that the proposals are adjudicated as directed and payments are effectively effected. 7.
Writ Petitions are disposed of in the above terms. [NANDESH S. DESHPANDE, J.] [MILIND N. JADHAV, J.] Iresh IRESH MASHAL Date: 2026.06.17 18:45:57 +0530 IRESH MASHAL 4 of