Bombay High Court
BHILLDARI BAHUUDDESHIYA SANSTHA JAFRABAD AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the State must independently scrutinize the petitioners' reimbursement proposals and, if they are found entitled under the RTE Act, must reimburse the fees within the stipulated time frame.
Summary
The petitioners, a group of charitable and educational trusts, sought reimbursement of fees paid for the 25% of students admitted under the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The State of Maharashtra and other respondents contested the claim, arguing that the reimbursement process required prior scrutiny. The Court examined whether the petitioners were entitled to such reimbursement under the RTE Act and whether the respondents were obligated to assess the petitions independently. It held that the statutory provision mandates reimbursement for eligible students and that the State must conduct an independent evaluation of each petitioner's proposal. Consequently, the Court directed the respondent authorities to complete the scrutiny within four weeks and, if entitlement is established, to disburse the reimbursement within a further four weeks. The writ petitions were therefore disposed of with specific directions for timely action.
Issues considered
- Whether charitable and educational trusts are entitled to reimbursement of fees for the 25% of students admitted under the RTE Act, 2009.
- Whether the State authorities must independently scrutinize the petitioners' reimbursement proposals before disbursement.
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- charitable trusts
- educational institutions
- writ petition
- RTE Act
Judgment
2026:BHC-AUG:40454-DB
1 16-WP-11081-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
16 WRIT PETITION NO. 11081 OF 2026
BHILLADARI BAHUUDDESHIYA SANSTHA, JAFRABAD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondent/State
Mr. P. D. Suryawanshi, Advocate for Respondent No.4
…
WRIT PETITION NO. 11186 OF 2026
INDRAYANI GLOBAL WELFARE FOUNDATION, UMBRE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Ms. N. B. Kamble, AGP for Respondent/State
Mr. S. R. Dheple, Advocate for Respondent No.4
…
WRIT PETITION NO. 11212 OF 2026
HUMAN MINORITY MULTI-PURPOSE CHARITABLE TRUST, KOVADGAON
AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Ms. S. S. Joshi, AGP for Respondent/State
Mr. S. R. Dheple, Advocate for Respondent No.4
…
WRIT PETITION NO. 11629 OF 2026
SHRI. MAHAVIR CHARITABLE TRUST SHAHADA THROUGH ITS
PRINCIPAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Mr. S. K. Tambe, AGP for Respondent/State
Mr. Rakesh N. Jain, Advocate for Respondent No.4
...
SVH
2 16-WP-11081-26.odt
WRIT PETITION NO. 11643 OF 2026
NAMDEVRAO LIMBALE CHARITABLE AND EDUCATIONAL TRUST, CHH.
SAMBHAJINAGAR AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondent/State
Mr. S. R. Dheple, Advocate for Respondent No.4
…
WRIT PETITION NO. 11645 OF 2026
BHAIRAVNATH SHIKSHAN KRIDA VA SAMAJSEVA MANDAL BAHIRWADI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondent/State
Mr. S. R. Dheple, Advocate for Respondent No.4
…
WRIT PETITION NO. 11644 OF 2026
SAVITRIBAI MAHILA VIKAS MANDAL THROUGH ITS SECRETARY AND
ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Amit A. Mukhedkar, Advocate for the Petitioners
Ms. S. S. Joshi, AGP for Respondent/State
Ms. Yogita Kshirsagar, Advocate for Respondent No.3
…
WRIT PETITION NO. 11642 OF 2026
NAVNIRMAN SHIKSHAN SANSTHA, NANDED SANCHALIT AND
ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Amit A. Mukhedkar, Advocate for the Petitioners
Ms. N. B. Kamble, AGP for Respondent/State
Mr. S. B. Pulkundwar, Advocate for Respondent No.3
…
SVH
3 16-WP-11081-26.odt
WRIT PETITION NO. 11646 OF 2026
RADHAKRUSHNA SHIKSHAN PRASARAK MANDAL, WAI BAZAAR AND
ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Amit A. Mukhedkar, Advocate for the Petitioners
Mr. S. R. Wakle, AGP for Respondent/State
Mr. S. B. Pulkundwar, Advocate for Respondent No.3
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 02nd SEPTEMBER, 2026
PER COURT :
1. It is a matter of reimbursement of fees in respect of
25% students admitted by the petitioners Institutions under the
Right of Children to Free and Compulsory Education Act, 2009.
2. Heard learned advocate for the petitioners, learned AGP
for State and learned advocate for respondent Corporation.
3. The writ petitions are disposed of by directing
respondent authorities to undertake scrutiny of the petitioners’
proposals independently, on their own merit and decide the same
as expeditiously as possible and in any case within a period of four
weeks from today and if petitioners are found entitled to get
reimbursement, shall disburse the money to them within a period of
four weeks thereafter.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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