Bombay High Court

VARAD INSTITUTE OF TECHNOLOGY AURANGABAD THR ITS PRESIDENT SANJAY A KULKARNIversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the State must independently evaluate the fee‑reimbursement proposals of the petitioners under the RTE Act, decide within four weeks, and reimburse where entitlement is established.

Summary

The Bombay High Court, Aurangabad Bench, heard a series of writ petitions filed by various educational societies seeking reimbursement of fees paid for the 25 % of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The petitioners contended that the State of Maharashtra was obligated to refund the fees once the students were admitted under the statutory reservation. The Court noted that the matters were already covered by its earlier order dated 18 April 2026 in Writ Petition No. 4127/2026, which directed the State to examine such reimbursement claims. Accordingly, the Court disposed of the present petitions, directing the respondents to independently scrutinise each petitioner’s proposal and to make a decision within four weeks of receipt of the order. If entitlement is established, the reimbursement must be disbursed within an additional four weeks.

Issues considered

Whether the State of Maharashtra is liable to reimburse fees for the 25 % of students admitted under the Right of Children to Free and Compulsory Education Act, 2009
Whether the petitioners are entitled to reimbursement without a separate hearing
Whether the earlier order in Writ Petition No. 4127/2026 governs the present petitions

Legislation cited

Right of Children to Free and Compulsory Education Act, 2009

Subjects

Right to Education
fee reimbursement
25% reservation
RTE Act 2009
writ petition
educational societies
state liability
court order

Judgment

2026:BHC-AUG:40102-DB
                                                1                        29 GROUP.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                        29 WRIT PETITION NO. 11011 OF 2026

   VARDHMAN MEDICAL AND EDUCATION SANSTHA THROUGH ITS AUTHORIZED
                       PERSON KALYANI R SANGOLE
                                VERSUS
      THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                          ...


                 Advocate for the Petitioner : Mr. Adwait Milind Joshi
                     AGP for Respondent/State : Mr. N.S. Tekale
                   Advocate for Respondent No.4 : Mr. S.R. Dheple
                                           …
                        34 WRIT PETITION NO. 11016 OF 2026

      DARVESH MAHILA BAHUUDDESHIY SANSTHA ASEGAON THROUGH ITS
                       PRESIDENT LAXMAN P PALHAL
                                VERSUS
      THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                          ...


                 Advocate for the Petitioner : Mr. Adwait Milind Joshi
                     AGP for Respondent/State : Mr. V.M. Kagne
                   Advocate for Respondent No.4 : Mr. S.R. Dheple
                                           …
                      42 WRIT PETITION NO. 11024 OF 2026

     SAVITRIBAI PHULE BAHUUDDESHIY MANDAL RANJANGAON THROUGH ITS
                     HEAD MASTER DNYANDEO H KADAM
                                VERSUS
      THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                          …
                 Advocate for the Petitioner : Mr. Adwait Milind Joshi
                     AGP for Respondent/State : Mr. S.R. Wakale
                   Advocate for Respondent No.4 : Mr. S.R. Dheple
                                           …
                      45 WRIT PETITION NO. 11027 OF 2026

   ARUNODAY SHIKSHAN PRASARAK MANDAL THROUGH ITS SECRETARY VIJAY M
                                        2                          29 GROUP.doc



                           WADKAR
                            VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                    …
           Advocate for the Petitioner : Mr. Adwait Milind Joshi
               AGP for Respondent/State : Mr. V.M. Kagne
             Advocate for Respondent No.4 : Mr. S.R. Dheple
                                     …
                54 WRIT PETITION NO. 11036 OF 2026

   VILLAGE MISSION TRUST THROUGH ITS SECRETARY AJAY H CHIMNE
                            VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                    …
           Advocate for the Petitioner : Mr. Adwait Milind Joshi
                AGP for Respondent/State : Mr. B.B. Bhise
             Advocate for Respondent No.4 : Mr. S.R. Dheple
                                     …
                64 WRIT PETITION NO. 11046 OF 2026

 MANMATHSWAMI MANAV VIKAS PRATISHTHAN THROUGH ITS SECRETARY
                       VIJAY M WADKAR
                            VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                    …
           Advocate for the Petitioner : Mr. Adwait Milind Joshi
                AGP for Respondent/State : Mr. B.B. Bhise
             Advocate for Respondent No.4 : Mr. S.R. Dheple
                                     …
                68 WRIT PETITION NO. 11050 OF 2026

VARAD INSTITUTE OF TECHNOLOGY AURANGABAD THROUGH ITS PRESIDENT
                        SANJAY A KULKARNI
                             VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                    …
           Advocate for the Petitioner : Mr. Adwait Milind Joshi
             AGP for Respondent/State : Ms. Neha B. Kamble
             Advocate for Respondent No.4 : Mr. S.R. Dheple
                                     …
                69 WRIT PETITION NO. 11051 OF 2026
                                             3                        29 GROUP.doc



  VAISHWIK MANAV SEVA SANSTHA THROUGH ITS PRESIDENT RAJARAM K
                            BHOSLE
                             VERSUS
   THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                         …
 Advocate for the Petitioner :Advocate for the Petitioner : Mr. Adwait Milind Joshi
                     AGP for Respondent/State : Mr. B.B. Bhise
                  Advocate for Respondent No.4 : Mr. S.R. Dheple
                                         …

                     70 WRIT PETITION NO. 11052 OF 2026

GURUKRUPA SHAIKSHANIK VA SAMAJIK SANSTHA THROUGH ITS PRESIDENT
                       VANDANA D APAR
                            VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                         …
                Advocate for the Petitioner Mr. Adwait Milind Joshi
                   AGP for Respondent/State : Mr. V.M. Kagne
                 Advocate for Respondent No.4 : Mr. S.R. Dheple
                                         …

                     72 WRIT PETITION NO. 11055 OF 2026

  JIVAN VIKAS SHIKSHAN PRASARAK MANDAL THROUGH ITS SECRETARY
                      GAJANAN B NALAMWAR
                             VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                         …
                Advocate for the Petitioner Mr. Adwait Milind Joshi
                   AGP for Respondent/State : Mr. N.S. Tekale
                 Advocate for Respondent No.4 : Mr. S.R. Dheple
                                         …
                    76 WRIT PETITION NO. 11059 OF 2026

MUNJESHWAR EDUCATION SOCIETY AURANGABAD THROUGH ITS SECRETARY
                     POPATRAO G KHAIRNAR
                            VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                         …
                Advocate for the Petitioner Mr. Adwait Milind Joshi
                    AGP for Respondent/State : Mr. B.B. Bhise
                                 4                           29 GROUP.doc



        Advocate for Respondent No.4 : Mr. S.R. Dheple
                             …


                            CORAM         : NITIN B. SURYAWANSHI AND
                                            ABASAHEB D. SHINDE, JJ.
                              DATE        : 01.09.2026

PER COURT :
.       Heard learned Advocate for the petitioners, learned AGP for the
respondent/State and learned Advocate Mr. Dheple for respondent
No.4.

2.      These are the petitions for direction to the respondents/
authorities for reimbursement of fees in respect of 25% students
admitted by the petitioners/management under the Right of Children
to Free and Compulsory Education Act, 2009.

3.      Issue notice to the respondents. Learned AGP waives service of
notice for respondent/State. Learned Advocate Mr. S. R. Dheple waives
notice of notice for respondent No. 4.

4.      These petitions are covered by the order dated 18.04.2026,
passed by the Co-ordinate Bench of this Court (Coram: Smt. Vibha
Kankanwadi and Neeraj P. Dhote, JJ.) in Writ Petition No.4127/2026
(Raghunandan Shaikshanik Bahuudeshiya Sanstha, Aurangabad Vs.
The State of Maharashtra and others).

5.      Therefore, these petitions are disposed of by directing the
respondents     to   undertake       scrutiny   of   petitioners’   proposals
independently on its own merits and take appropriate decision, as
expeditiously as possible and in any case, within a period of four weeks
                                5                        29 GROUP.doc



from the date of receipt of copy of this order. If the petitioners are
found entitled to get reimbursement, the same shall be disbursed to the
petitioners, within a period of four weeks thereafter.




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



vsj..

Continue reading with your account

Checking your session…