Manas English School, Kini Thr. Head Master And ANR. v. The State Of Maharashtra Thr. Secretary School Education And Sports Dept. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR ABHIMANYU SHANKARRAO GULANDE CIVIL APPELLATE JURISDICTION WRIT PETITION ST. NO. 241 OF 2026 ABHIMANYU SHANKARRAO GULANDE Date: 2026.04.06 13:21:11 +0530 WRIT PETITION NO. 409 OF 2026 WRIT PETITION NO. 824 OF 2026 WRIT PETITION NO. 1462 OF 2026 WRIT PETITION NO.1510 OF 2026 WRIT PETITION NO.1511 OF 2026 WRIT PETITION NO.1516 OF 2026 (1) WRIT PETITION ST. NO.241 OF 2026 Scholar's Public School & Jeevanjyot Junior College, Miraj, Indiranagar Fata, Pavanchakki Road, Shahu Colony, Dist. Sangli, Through its Head Master.

Shri. Jyotirling Shikshan Prasarak Sanstha, Miraj, Indiranagar Fata, Pavanchakki Road, Shahu Colony, Dist. Sangli, Through its President/Secretary.

The State of Maharashtra 1 of

Zilla Parishad, Sangli, Having Oice at, Zilla Parishad, Main Building, Nagala Park, Sangli.

(2) WRIT PETITION NO.409 OF 2026 The Glorious English Medium School, Varanage, Taluka : Karveer, District-Kolhapur, Through its Head Master.

The Glorious General Education & Research Society, Varanage-Padali, Taluka : Karveer, District : Kolhapur, Through its President/Secretary.

The State of Maharashtra 2 of

Zilla Parishad, Kolhapur, Having Oice at, Ground Floor, Zilla Parishad Main Building, Nagala Park, Kolhapur.

(3) WRIT PETITION NO.824 OF 2026 Manas English School, Kini, Tal. Hatkanagle, District-Kolhapur, Through its Head Master.

Manas Gramin Vikas Prakalp, Kini, Taluka : Hatkanagle, District : Kolhapur, Through its President/Secretary.

3 of

Zilla Parishad, Kolhapur, Having Oice at, Ground Floor, Zilla Parishad Main Building, Nagala Park, Kolhapur.

(4) WRIT PETITION NO.1462 OF 2026 A.D. Mane International Academy, Kagal, Taluka : Kagal, District : Kagal, Through its Principal.

The Kagal Education Society, Kagal, Taluka : Kagal.

District : Kolhapur, Through its President/Secretary..

4 of

Zilla Parishad, Kolhapur, Having Oice at, Forth Floor, Zilla Parishad Main Building, Nagala Park, Kolhapur.

(5) WRIT PETITION NO.1510 OF 2026 Sarvodaya Vivek Jeevan Vidya, Public School, Badyachiwadi, Tal. Gadhinglaj, Dist. Kolhapur, (Old Name : St. Anne's English Medium School, Badyachiwadi) Through its Head Mistress.

5 of

Futuristic Education Academy, Gadhinglaj, Taluka : Gadhinglaj, District : Kolhapur, Through its President/Secretary..

Zilla Parishad, Kolhapur, Having Oice at, Forth Floor, Zilla Parishad Main Building, Nagala Park, Kolhapur.

6 of

(6) WRIT PETITION NO.1511 OF 2026 Sai English School, Ichalakaranji, Address : Opp. Gym Hall, Hatti Chowk, Ichalkaranji, Taluka : Hatkanangale.

District-Kolhapur, Through its Head Master.

Shri. Sai Shikshan Sanstha, Tal. Hatkanangale, Dist. Kolhapur, Through its President/Secretary.

7 of

Zilla Parishad, Kolhapur, Having Oice at, Ground Floor, Zilla Parishad Main Building, Nagala Park, Kolhapur.

(7) WRIT PETITION NO.1516 OF 2026 English Primary School, Vhanali, Taluka : Kagal, District : Kolhapur, Through its President/Secretary.

Mahatma Shikshan Prasarak Mandal, Hamidwada, Taluka : Kagal.

District : Kolhapur, Through its Head Mistress.

8 of

Zilla Parishad, Kolhapur, Having Oice at, Forth Floor, Zilla Parishad Main Building, Nagala Park, Kolhapur.

------ Mr. Prashant S. Bhavake, Advocate for all Petitioners. Mr. V.M. Mali, AGP for Respondent-State in WP St. No.241/2026. Ms. T.J. Kapre, AGP for Respondent-State in WP No.409/2026 & 1511/2026.

Mr. A.A. Naik, AGP for Respondent-State in WP No.824/2026 & 1510/2026 and 1516/2026.

Mr. R.P. Kadam, AGP for Respondent-State in WP No.1462/2026. Mr. Pankaj Deokar, Advocate for Respondent No.5 in WP St. No.241/2026.

Mr. Kedar Lad, Advocate a/w Ms. Indrayani Patil and Ms. Poonam Dhotre , Advocates for Respondent No.5 in other writ petitions. ------ Coram : Madhav J. Jamdar & Pravin S. Patil, JJ.

Date : 02nd April, 2026.

ORAL JUDGMENT ( PER : Madhav J. Jamdar, J. ) Mr. Bhavake, learned counsel appearing for the petitioners, states that in all these writ petitions common issue is 9 of

raised. He submits that even after admitting adequate number of students under the Right of Children to Free and Compulsory Education Act, 2009 (for short 'said Act') and having imparted education to them, the Petitioners are still deprived of the reimbursement of fees/expenses against such students U/s 12(2) of the said Act.

Mr. Bhavake, learned counsel for the petitioners, relies on order dated 17.11.2025 passed by Division Bench of this Court in Writ Petition No.11952/2025 and submits that all these writ petitions be disposed of by passing similar order. The learned counsel appearing for the respondents fairly agree that by keeping all the contentions open, the Education Oicer can be directed to decide the claim proposal of the petitioners.

Perusal of order dated 17.11.2025 passed by this court in Writ Petition No.11952/2025 shows that reliance is placed on the decision of the Division Bench of this Court dated 6.11.2025 passed in the case of Progressive Convent School & Junior College .vs. The State and others. Thus, for the reasons stated of

in order dated 17.11.2025 in the case of Parivartan High Court, Dattawad and one .vs. The State of Maharashtra and others and in the case of Progressive Convent School & Junior College .vs. The State and others, all these writ petitions are disposed of by passing the following order :

(i) The Petitioners shall approach the Education Oicer together with copy of this order within a period of Two weeks from the date of this order. If needed, the Petitioner can ile additional documents in support of the pending claim, and can even ile a comprehensive claim by attaching such documents those are necessary in support of the claim.

(ii) Within a period of four months from receipt of copy of this order, the Education Oicer shall decide Petitioners claim proposal(s) on its own merit, to reimburse the grant / fees and expenses under Section 12(2) of the Act of 2009 for the period as mentioned in the claim proposal(s).

(iii) If the Education Oicer has any reasonable query, such query would be brought to the notice of the Petitioners immediately which, the Petitioners would answer/satisfy accordingly.

(iv) We make it clear that we have not made any observations on the entitlement of Petitioners-school to receive the reimbursement nor we have made any observations as to the amount of reimbursement, if of

any, receivable by the Petitioner.

(v) Keeping all contentions open, Writ Petition is disposed of accordingly with no order as to costs. [ Pravin S. Patil, J. ] [Madhav J. Jamdar, J. ] of