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Bombay High Court

MARATHWADA KALA VIKAS MAHAMANDAL THR ITS SECRETARY PRALHAD N SHINDEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The respondents must independently scrutinize the petitioner’s reimbursement proposal and decide within four weeks, disbursing the amount within four weeks if entitlement is established.

Summary

The petitioner, Marathwada Kala Vikas Mahamandal, 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 respondents, the State of Maharashtra and others, were directed to examine the petitioner’s reimbursement proposal on its own merits. The Court ordered the respondents to complete their scrutiny within four weeks and, if the claim is found valid, to disburse the reimbursement within a further four weeks. No substantive hearing on the merits was recorded; the Court merely set procedural timelines. 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:39443-DB
                                                                           63-WP-10488-26.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                            WRIT PETITION NO. 10488 OF 2026

        Marathwada Kala Vikas Mahamandal
        Through its Secretary
        Pralhad Nana Shinde                                  ..PETITIONER
              VERSUS
        State of Maharashtra and Others                      ..RESPONDENTS

                                            ....
        Mr. A.M. Joshi, Advocate h/f Mr. M.M. Joshi, Advocate for Petitioner
        Mr. S.K. Tambe, Addl.G.P. for Respondent nos.1 to 3
        Mr. S.R. Dheple, Advocate for Respondent no.4
                                            ....

                                          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 Addl.G.P. waives service of

        notice for Respondent Nos. 1 to 3 and Mr. Dheple, learned counsel for

        Respondent No.4.


        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

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                                                               63-WP-10488-26.odt



and take appropriate decision as expeditiously as possible and in any case,

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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