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Bombay High Court

VISHWABHARATI JANSEVA PRATISHTHAN VISION PUBLIC SCHOOL THR VICE PRESIDENT PRATIK B PAWAR AND ANRversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the State must examine the school’s reimbursement proposal and, if the claim is justified, disburse the reimbursement within the stipulated periods.

Summary

The petition was filed by Vishwabharati Janseva Pratishthan Vision Public School seeking reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The school argued that it was entitled to recover the fees paid for those students. The State of Maharashtra contested the claim, leading to a writ petition before the Bombay High Court, Aurangabad Bench. The Court heard arguments from both sides and directed the State to independently scrutinize the school’s reimbursement proposal on its merits. The Court ordered that the State decide within four weeks and, if reimbursement is warranted, to disburse the amount within a further four weeks. The petition was consequently disposed with these directions.

Issues considered

  • Whether the school is entitled to reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009
  • Whether the State must process and decide on the reimbursement claim within a specified time frame

Legislation cited

Subjects

  • reimbursement
  • Right to Education
  • RTE Act
  • fee reimbursement
  • writ petition
  • High Court

Judgment

2026:BHC-AUG:37951-DB


                                                   *1*                     43-wp-10117-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD
                                 43 WRIT PETITION NO. 10117 OF 2026

                Vishwabharati Janseva Pratishthan Vision Public School Through
                             Vice President Pratik B Pawar And Anr
                                             VERSUS
                    The State Of Maharashtra Through Secretary And Others
                                                ...
                Mr. Shahaji B. Ghatol Patil, Advocate for the Petitioner
                Mr. M. K. Goyanka, AGP for Respondents/State
                Mr. S. R. Yadav-Lonikar, Advocate for Respondent No.3
                                                ...
                                       CORAM : NITIN B. SURYAWANSHI &
                                               ABASAHEB D. SHINDE, JJ.
                                       DATE : 18th AUGUST 2026
                P. C. :-

                1.         This petition is filed for reimbursement of fees in respect
                of 25% students admitted by the petitioner/school under the
                Right of Children to Free and Compulsory Education Act, 2009.

                2.         We have heard both the sides.

                3.         We dispose of this writ petition by directing the
                respondents to undertake scrutiny of petitioner’s proposal
                independently on their own merits and take appropriate
                decisions as expeditiously as possible and in any case, within a
                period of four (04) weeks from today and if they are found
                entitled to get reimbursement, shall disburse the money to them
                within a period of four weeks thereafter.




                (ABASAHEB D. SHINDE, J.)                 (NITIN B. SURYAWANSHI, J.)

                Narwade


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