Bombay High Court

GITA BAL VIDYA MANDIR NAREGAON THR ITS DIRECTOR DATTATRAY U GANDEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court directed the respondents to examine the petitioners' reimbursement claims and, if found eligible, to pay the fees within the stipulated time.

Summary

The petitioners, two educational trusts, filed writ petitions seeking reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. They alleged that the State of Maharashtra and other respondents were liable to refund the fees collected from these students. The High Court examined whether the petitioners were entitled to such reimbursement under the RTE Act. The Court did not make a definitive ruling on entitlement but directed the respondents to independently scrutinise the petitioners' proposals and decide on the reimbursement within four weeks of receiving the order. If the petitioners are found eligible, the Court ordered that the reimbursement be paid within a further four weeks.

Issues considered

Whether the petitioners are 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 and other respondents have a statutory duty to refund such fees

Legislation cited

Right of Children to Free and Compulsory Education Act, 2009

Subjects

Right to Education
fee reimbursement
RTE Act
writ petition
public authority

Judgment

2026:BHC-AUG:39703-DB


                                                {1}                  wp10952-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.10952 OF 2026

                 Gita Bal Vidya Mandir, Naregaon, Aurangabad         PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                RESPONDENTS

                                               .......
                 Mr. Adwait M. Joshi, Advocate for the Petitioner
                 Mr. N. D. Batule, AGP for Respondent - State
                 Mr. S. R. Dheple, Advocate for Respondent No.4
                                                ....…
                                                AND
                                WRIT PETITION NO.10967 OF 2026

                 Late Ramsing Bapuji Gram Sevan Mandal               PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                RESPONDENTS

                                               .......
                 Mr. Adwait M. Joshi, Advocate for the Petitioner
                 Ms. Neha B. Kamble, AGP for Respondent - State
                 Mr. S. R. Dheple, Advocate for Respondent No.4
                                               .......

                             [CORAM : NITIN B. SURYAWANSHI, &
                                      ABASAHEB D. SHINDE, J. J.]

                                     DATE : 31st AUGUST, 2026

                 ORDER :

                 1.     By these Petitions, the Petitioners seek direction to the

                 Respondents to reimburse fees in respect of 25% students

                 admitted by the Petitioners under the Right of Children to Free
                                {2}                    wp10952-26.doc

and Compulsory Education Act, 2009.


2.    The Writ Petitions are disposed of by directing the

Respondents to undertake scrutiny of the proposals of the

Petitioners   independently   on   their    own   merits   and   take

appropriate decisions as expeditiously as possible and in any

case, within a period of four weeks from the date of receipt of

copy of this order. If the Petitioners are found entitled to get the

reimbursement, the same shall be paid to them within a period

of four weeks thereafter.



[ ABASAHEB D. SHINDE ]                     [ NITIN B. SURYAWANSHI ]
         JUDGE                                        JUDGE

drp/wp10952-26.doc

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