Bombay High Court

SHIVNERI SEVABHAVI SANSTHA SANCHALIT SHIVNERI ENGLISH MEDIUM SCHOOLversusTHE STATE OF MAHARASHTRA THROUGH SECRTARY SCHOOL EDUCATION AND SPORTS AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court remanded the matter to the respondents for independent scrutiny of the reimbursement claim and directed a decision within four weeks, indicating that the claim must be assessed on its merits.

Summary

The Shivneri Sevabhavi Sanstha Sanchalit (Shivneri English Medium School) filed a writ petition seeking reimbursement of fees for the 25 % of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The respondents were the State of Maharashtra and other parties. The Court noted that the matter was directly covered by its earlier decision in Writ Petition No. 6307 of 2026. Accordingly, the Court ordered the respondents to independently scrutinise the petitioner’s reimbursement proposal on its merits within four weeks and, if the petitioner is found entitled, to disburse the amount within a further four weeks. The petition was therefore disposed with these directions.

Issues considered

Whether the petitioner is entitled to reimbursement of fees for the 25 % of students admitted under the Right of Children to Free and Compulsory Education Act, 2009.

Legislation cited

Right of Children to Free and Compulsory Education Act, 2009

Subjects

Right to Education
fee reimbursement
free and compulsory education
writ petition
Maharashtra
school admission

Judgment

2026:BHC-AUG:39823


                                                  {1}                  wp10963-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                WRIT PETITION NO.10963 OF 2026

                 Shivneri Sevabhavi Sanstha Sanchalit                   PETITIONER
                 Shivneri English Medium School

                       VERSUS

                 The State of Maharashtra and Others                 RESPONDENTS

                                                .......
                 Mr. K. C. Sonone h/f Mr. Y. M. Patil, Advocate for the Petitioner
                 Mr. S. K. Tambe, AGP for Respondent - State
                 Ms. Archana J. Pawar, Advocate for Respondents No.4 and 5
                                                .......

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

                                     DATE : 31st AUGUST, 2026

                 ORDER :

                 1.    By this Petition, the Petitioner prays 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.    Heard learned Advocate for the Petitioner, learned AGP for

                 the State and learned Advocate for Respondents No.4 and 5.


                 3.    Indisputably, the issue raised in this Petition is squarely

                 covered by the decision of this Court dated 24 th June, 2026 in

                 Writ Petition No.6307 of 2026.
                                     {2}                  wp10963-26.doc



4.    This   Writ    Petition   is   disposed   of   by   directing   the

Respondents to undertake scrutiny of Petitioner’s proposal

independently on its own merits and take appropriate decision as

expeditiously as possible and in any case, within a period of 4

weeks from today and if the Petitioner is found entitled to get

reimbursement, disburse the money to the petitioner within a

period of four weeks thereafter.



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

drp/wp10963-26.doc

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