Tiranga English School the Head Mistress and Anr. vs the Union of India Thr Ministry of Education and Others — Bombay HC (2026) — LawSathi Research

Tiranga English School the Head Mistress and Anr. vs the Union of India Thr Ministry of Education and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: Petitioner to approach the Education Officer within two weeks (may file additional/comprehensive documents); Education Officer to decide the reimbursement claim under Section 12(2) of the 2009 Act on its own merit within eight weeks (or transmit to the competent authority, to decide within six weeks); no authority to keep the proposal pending or reject it for want of power; no observations on entitlement or quantum; no order as to costs.

Issue for consideration

Whether the Court should direct the concerned Authority to process the Petitioner-school's claim proposal and take a decision to reimburse the claim amount under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009.

Court's answer

The Petitioner shall approach the Education Officer with a copy of the order within two weeks and may file additional documents or a comprehensive claim with supporting documents.

Ratio / Principle

Within eight weeks of receiving a copy of the order, the Education Officer shall decide the Petitioner's claim proposal(s) on its own merit, regarding reimbursement of grant/fees and expenses under Section 12(2) of the Act of 2009 for the period stated in the claim proposal(s).

Key takeaways

If the Education Officer has any reasonable query, it must immediately be brought to the Petitioner's notice, and the Petitioner shall answer/satisfy it.ratio¶21
If the Education Officer is not competent to decide the claim, he must immediately transmit it to the concerned competent authority and intimate the Petitioner; the competent authority shall decide the claim on its own merits within six weeks of receipt.ratio¶22
No authority, including the Education Officer or the Deputy Director of Education, may keep the proposal pending or reject it on the ground that the power to grant reimbursement rests with some other authority.

Detailed headnote1 paragraphs

Reimbursement claim under S. 12(2), Right of Children to Free and Compulsory Education Act, 2009 — Writ Petition disposed of with time-bound directions: Petitioner-school to approach the Education Officer within two weeks with a copy of the order and may file additional or comprehensive supporting documents; Education Officer to decide the claim proposal(s) on its own merit within eight weeks; reasonable queries to be raised immediately; if not competent, the Education Officer to transmit the claim to the competent authority, which must decide within six weeks; no authority, including the Education Officer or Deputy Director of Education, may keep the proposal pending or reject it on the ground that the reimbursement power lies elsewhere. Court expressly made no observations on entitlement or quantum; all contentions left open; no costs.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 105 OF 2026

Digitally signed by UDAY UDAYSHIVAJI SHIVAJI JAGTAPDate: JAGTAP 2026.01.16 11:01:59 +0530

Tiranga English School & Anr. … Petitioners

Versus The Union of India & Ors. … Respondents

Mr. Ajit J. Kenjale a/w Sai Rajendra Kadam for the Petitioner. Mr. Vijay Killedar (through VC) a/w Aakash Bhopi for Respondent No.1 – UOI.

Mr. A.P. Vanarase, AGP for the Respondent - State.

CORAM : R.G. AVACHAT AND AJIT B. KADETHANKAR, JJ.

DATE : 13^th JANUARY, 2026.

P. C. :

1. Learned Counsel for the Petitioner would submit that the Petitioner

School Management has imparted education to the students under the the Right of Children to Free and Compulsory Education Act, 2009 and has lodged a claim for reimbursement of the expenses under Section 12(2) of the Act with the concerned Authority.

2. Learned Counsel would submit that directions be given to the Authority to process the claim proposal and take appropriate decision and reimburse the claim amount.

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Uday S. Jagtap

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3. Accordingly, we dispose of this petition with following directions.

(i) The Petitioner shall approach the Education Officer together with a copy of this order within a period of Two weeks from today. If needed, the Petitioner can file additional documents in support of its claim(s), and can even file a comprehensive claim attached with such documents those are necessary in support of the claim.

(ii) Within a period of eight weeks from the date of receipt of copy of this order, the Education Officer shall decide Petitioner’s 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 Officer has any reasonable query, such query would be brought to the notice of the Petitioner immediately which, the Petitioner would answer/satisfy accordingly.

(iv) If the Education Officer is not competent to decide the claim of the Petitioner, he shall immediately transmit such claim to the concerned competent authority and intimate the Petitioner accordingly. Such concerned authority to whom the proposal is transmitted by the Education Officer shall within six weeks from the date of receipt of proposal from the Education Officer, decide the claim proposal on its own merits.

(v) In no case, any authority including the Education Officer or the Deputy Director of Education or any such authority shall keep the proposal pending or shall reject such proposal citing

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Uday S. Jagtap

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the reason that the power to grant reimbursement rests with some other authority.

(vi) 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 any, receivable by the Petitioner.

(vii) Keeping all contentions open, Writ Petition is disposed of with no order as to costs.

[AJIT B. KADETHANKAR, J. ]

[ R.G. AVACHAT, J. ]

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Uday S. Jagtap