Bombay High Court
ASHOKBHAU FIRODIYA ENGLISH MEDIUM SCHOOL AND JUNIOR COLLEGE THR ITS PRINCIPAL PRABHAKAR D BHABADversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The respondents must scrutinize the petitioner's reimbursement claim and, if found eligible, disburse the amount within the stipulated time.
Summary
The petitioner, Ashokbhau Firodiya English Medium School and Junior College, filed a writ petition seeking reimbursement of fees for 25% of its students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The State of Maharashtra and other respondents were directed to examine the petitioner's claim. The Court held that the reimbursement claim required independent scrutiny on its merits. It ordered the respondents to complete the scrutiny within four weeks from the date of the order and, if the school is found entitled, to disburse the reimbursement within a further four weeks. No substantive adjudication on the entitlement was made; the petition was disposed with these directions.
Issues considered
- Whether the petitioner is entitled to reimbursement of fees for 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009
Legislation cited
Subjects
- reimbursement
- education fee
- Right to Education
- writ petition
- High Court
Judgment
2026:BHC-AUG:39440-DB
62-WP-10487-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10487 OF 2026
Ashokbhau Firodiya English Medium School
and Junior College, Ahilyanagar ..PETITIONER
VERSUS
State of Maharashtra and Others ..RESPONDENTS
....
Ms. Aishwarya Takale, Advocate h/f Mr. C.S. Deshmukh, Advocate for
Petitioner
Mr. N.D. Batule, A.G.P. for Respondent - State
....
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 24th AUGUST, 2026
PER COURT :
1. This petition is for reimbursement of fees in respect of 25% students
admitted by the petitioner/management under the Right of Children to Free and
Compulsory Education Act, 2009.
2. Issue notice to the respondents. Learned A.G.P. waives service of
notice for the Respondent – State.
3. We have heard both the sides.
4. 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 decision as expeditiously as possible and in any case,
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62-WP-10487-26.odt
within a period of four weeks from today and if it is found entitled to get
reimbursement, shall disburse the money to it within a period of four weeks
thereafter.
( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. )
SSD
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