Partly allowed

New India School Primary Thru Secretary v. the State of Maharashtra Thru Secretary and Ors.

Bombay HC27 Aug 2026WP/10872/2026

Case brief

AI extract

What is this about?

The High Court of Bombay directed that the Additional Chief Secretary, Finance Department, be joined as a necessary party respondent in writ petitions seeking reimbursement of dues under Section 12 of the RTE Act. This directive applies immediately to the consolidated group of petitions before this bench.

What did the court decide?

Direction to join the State of Maharashtra through Additional Chief Secretary, Finance Department, Mantralaya, Mumbai, as party Respondent forthwith.

New India School Primary Thru Secretary Vs the State… — Education and Admissions | Bombay HC (2026)

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jsn

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.9893 OF 2026

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Priyadarshani English Medium School …Petitioner The Chairman Rajiv I Raj

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Versus

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Digitally signed by JITENDRA JITENDRA SHANKAR SHANKAR NIJASURE NIJASURE Date: 2026.08.28 12:53:19 +0530

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The State of Maharashtra & Ors. …Respondents WITH WRIT PETITION NO.9615 OF 2026 WRIT PETITION NO.9895 OF 2026 WRIT PETITION NO.9890 OF 2026 WRIT PETITION NO.9889 OF 2026 WRIT PETITION NO.9901 OF 2026 WRIT PETITION NO.9904 OF 2026 WRIT PETITION NO.9902 OF 2026 WRIT PETITION NO.9903 OF 2026 WRIT PETITION NO.9898 OF 2026 WRIT PETITION NO.9899 OF 2026 WRIT PETITION NO.9896 OF 2026 WRIT PETITION NO.10868 OF 2026 WRIT PETITION NO.10858 OF 2026 WRIT PETITION NO.10795 OF 2026 WRIT PETITION NO.10809 OF 2026 WRIT PETITION NO.10872 OF 2026 WRIT PETITION NO.10873 OF 2026 WRIT PETITION NO.10794 OF 2026 WRIT PETITION NO.10798 OF 2026 WRIT PETITION NO.10862 OF 2026 WRIT PETITION NO.10864 OF 2026 WRIT PETITION NO.10796 OF 2026 WRIT PETITION NO.10800 OF 2026 WRIT PETITION NO.10807 OF 2026

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WRIT PETITION NO.10808 OF 2026 WRIT PETITION NO.10804 OF 2026 WRIT PETITION NO.10806 OF 2026 WRIT PETITION NO.10785 OF 2026 WRIT PETITION NO.10900 OF 2026 WRIT PETITION NO.10902 OF 2026 WRIT PETITION NO.10895 OF 2026 WRIT PETITION NO.10898 OF 2026 WRIT PETITION NO.10901 OF 2026 WRIT PETITION NO.10896 OF 2026 WRIT PETITION NO.10899 OF 2026 WRIT PETITION NO.10903 OF 2026

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Mr. Sohan Gunjal with Ms. Ekta Parab for the Petitioner.

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Mr. P.P. Kakade, Addl. G.P. with Smt. P.N. Diwan, AGP in WP No.9895 of 2026, 9890 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Smt. P.J. Gavhane, AGP in WP No.9889 of 2026, 9901 of 2026. Mr. P.P. Kakade, Addl. G.P. with Smt. M.P. Thakur, AGP in WP No.9904 of 2026 and 9902 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Smt. Priyanka Chavan, AGP in WP No.9903 of 2026 and 9898 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Mr. S.H. Kankal, AGP in WP No.9899 of 2026 and 9896 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Vikas M. Mali, AGP for State. S.V. Gavand with P.H. Gaikwad for Respondent No.3 – (Education Officer Primary Pune, Z.P. Pune).

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Mr. P.P. Kakade, Addl. G.P. with Smt. Nisha M Mehard, AGP in WP No.10795 of 2026 and 10809 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Ms. M.P. Thakur, AGP in WP No.10872 of 2026 and 10873 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Ms. Priyanka Chavan, AGP in WP No.10794 of 2026 and 10798 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Ms. P. N. Diwan, AGP in WP No.10882 of 2026 and 10864 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Mr. A.K. Naik, AGP in WP No.10796 of 2026 and 10800 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Ms. D.S. Deshmukh, AGP in WP

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906-wp-9893-2026-grp.doc

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No.10807 of 2026 and 10807 of 2026 and 10804 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Shri Vikas Mali, AGP in WP No.10806 of 2026 and 10785 of 2026.

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Mr. P.P. Kakade, Addl. G.P. with Mr. S.H. Kankal, AGP for State.

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CORAM : R.I. CHAGLA J FIRDOSH P. POONIWALLA, J. DATE : 27 August 2026.

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ORDER :

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At the outset, the learned AGP appearing for the Respondent No.1 – State has brought to the notice of this Court that in several of the Writ Petitions which have been filed and which seek the prayer of reimbursement of dues under Section 12 of the RTE Act in respect of the Petitioners – Schools, the Finance Department of the State has not been joined as party Respondents. She has submitted that it is the Finance Department of the State who is necessary party and to whom the directions can be issued for reimbursement of dues of the Petitioners – Schools.

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We have taken this submission into consideration and

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accordingly direct the Petitioners to join the State of Maharashtra through Additional Chief Secretary, Finance Department, Mantralaya, Mumbai as party Respondent.

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This amendment shall be carried out forthwith. Re-

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verification is dispensed with.

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[FIRDOSH P. POONIWALLA, J.]

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New India School Primary Thru Secretary v. the State of Maharashtra Thru Secretary and Ors.

Case brief

What is this about?

What did the court decide?

New India School Primary Thru Secretary v. the State of Maharashtra Thru Secretary and Ors.

Case brief

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