S.T. Wilfreds Education Society Thr. Its Autho. Sign. Mukesh Soni v. The State Of Maharashtra Thr. The Principal Secretary School Education And Sports Depa. And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12535 OF 2025 St. Wilfred Education Society
...Petitioner
Versus
State of Maharashtra & Ors.
...Respondents
---------- Mr. Jainendra Sheth, for the Petitioner.
Mr. S.H. Kankal, AGP for the State.
---------- CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.
DATE :
13TH MARCH, 2026 ORDER :
1.
Rule. Rule made returnable forthwith. Heard by consent of parties.
2.
By this Writ Petition, the Petitioner has sought directions to the Respondents to release and disburse the amounts due and JITENDRA SHANKAR NIJASURE payable to the Petitioner aggregating to Rs.2,33,70,089/- under the by JITENDRA SHANKAR NIJASURE Date: 2026.03.13 15:41:03 +0530 provisions of the Right of Children to Free and Compulsory Education Act, 2009 ("RTE Act") for the Academic Years 2016-17 to 2024-25. 1/3
3.
The learned AGP for the Respondent - State in line with the statement made to this Court in other Writ Petitions including Writ Petition No.1003 of 2026, wherein Order dated 11th February, 2026 has been passed by this bench states on instructions that the proposal of the Petitioner for reimbursement of the aforementioned amount claimed by under Section 12 of the RTE Act for the Academic Years 2016-17 to 2024-25 will be scrutinized by the Respondent - State within a period of eight weeks from today and if the Petitioner - Institution is found to be entitled to the said amount, the same shall be reimbursed to it. The statement is accepted. 4.
Accordingly, the Respondent - State shall scrutinize the aforementioned proposal of the Petitioner - Institution for reimbursement and in the event the Petitioner is found entitled to the aforesaid amount, the same shall be reimbursed to it. However, in the event, the Petitioner is not found to be entitled, then the Petitioner shall be communicated the reasons of its non-entitlement for the said amount they are claiming. This exercise shall be carried out within a period of eight weeks.
5.
Needless to state that, if the Petitioner is aggrieved in the 2/3
event of a decision taken by the Respondent - State of total denial or partial denial of reimbursement of the amount claimed by them, it is open for the Petitioner to take such action as permissible in law. 6.
We have not expressed opinion on the merits of the case. 7.
The Writ Petition is accordingly disposed of in the aforesaid terms. There shall be no order as to costs. [ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA J. ] 3/3