Bombay High Court
SAMTA URBAN CHARITABLE SOCIETY THR ITS PRESIDENT ARUN RAMDAS SALUNKEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The State must independently scrutinize the reimbursement claims of the petitioners and, if they are found entitled under the RTE Act, reimburse the fees within the time‑frames prescribed by the Court.
Summary
Several educational societies and mandals filed writ petitions challenging the State of Maharashtra’s refusal to reimburse fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The petitioners sought recovery of the fees they had paid for these students, arguing that the State was statutorily obligated to reimburse them. The State contended that the reimbursement process required its own scrutiny and that no automatic liability existed. The Court examined the statutory mandate of the RTE Act and held that the State must independently evaluate each petitioner's claim on its merits. Accordingly, the Court directed the State authorities to complete the scrutiny within four weeks and, if the petitioners are found eligible, to disburse the reimbursement within a further four weeks. The orders were issued jointly by Justices Nitin B. Suryawanshi and Abasaheb D. Shinde, and the petitions were disposed of on these directions.
Issues considered
- Whether the State of Maharashtra is liable to reimburse fees paid by educational institutions for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009.
- Whether the State must conduct an independent scrutiny of the reimbursement claims and, if entitled, disburse the amounts within a specified time‑frame.
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- educational institutions
- writ petition
- state liability
- scrutiny of claims
- judicial direction
Judgment
2026:BHC-AUG:40342-DB
1 12-WP-11077-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
12 WRIT PETITION NO. 11077 OF 2026
SAVITRIBAI PHULE BAHUUDDESHIY MANDAL THROUGH ITS
SECRETARY
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Mr. N. D. Batule, AGP for Respondents/State
…
13 WRIT PETITION NO. 11078 OF 2026
SAVITRIBAI PHULE BAHUUDDESHIY MANDAL THR ITS SECRETARY
VIKAS P SAWAI
VERSUS
THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
...
Mr. N. D. Batule, AGP for Respondents/State
…
18 WRIT PETITION NO. 11084 OF 2026
MUNJESHWAR EDUCATION SOCIETY, AURANGABAD THROUGH ITS
SECRETARY
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. S. R. Wakle, AGP for Respondents/State
...
21 WRIT PETITION NO. 11087 OF 2026
SAMTA URBAN CHARITABLE SOCIETY THROUGH ITS PRESIDENT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Ms. N. B. Kamble, AGP for Respondents/State
...
26 WRIT PETITION NO. 11092 OF 2026
SWA. LAXMAN DANGE SEVABHAVI BAHUDDESHIYA SANSTHA
THROUGH ITS EXECUTIVE DIRECTOR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. M. K. Goyanka, AGP for Respondents/State
SVH
2 12-WP-11077-26.odt
27 WRIT PETITION NO. 11093 OF 2026
JAI BHADRA BAHUUDDESHIYA SAMAJIK SANSTHA THROUGH ITS
PRESIDENT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. S. R. Wakle, AGP for Respondents/State
...
43 WRIT PETITION NO. 11109 OF 2026
WAKESHWAR SHIKSHAN PRASARAK MANDAL THROUGH ITS
SECRETARY
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. B. B. Bhise, AGP for Respondents/State
...
45 WRIT PETITION NO. 11111 OF 2026
VARDHMAN MEDICAL AND EDUCATION SANSTHA THROUGH ITS
AUTHORIZED PERSON
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
...
Ms. N. B. Kamble, AGP for Respondents/State
...
49 WRIT PETITION NO. 11115 OF 2026
SANT BHAGWANBABA SHIKSHAN PRASARAK MANDAL THROUGH ITS
TRUSTEE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Milind M. Joshi, Advocate for the Petitioner in All WPs
Mr. S. R. Wakle, AGP for Respondents/State
Mr. S. R. Dheple, Advocate for Respondent No.4 in All WPs
...
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
SVH
3 12-WP-11077-26.odt
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 No.4.
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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