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Bombay High Court

SANT BHAGWANBABA SHIKSHAN PRASARAK MANDAL THR ITS TRUSTEE PANKAJ M DHAKNEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The State must independently scrutinise the fee‑reimbursement claims of the petitioners and, if they are found entitled, reimburse the amounts within the stipulated time‑frame.

Summary

Several educational societies filed writ petitions before the Bombay High Court 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 argued that the State of Maharashtra was obligated to refund these fees. The State contended that the reimbursement claim required verification and was not automatic. The Court held that the State must independently scrutinise each petitioner's claim on its merits and decide promptly. It directed the State authorities to complete the scrutiny within four weeks and, if the petitioners are found entitled, to disburse the reimbursement within a further four weeks. Accordingly, all the writ petitions were disposed with the above directions.

Issues considered

  • Whether the State of Maharashtra is liable to reimburse fees paid by private educational institutions for the 25% seats mandated under the Right of Children to Free and Compulsory Education Act, 2009.
  • Whether the petitioners are entitled to reimbursement without prior approval from the State.
  • What procedure the State must follow to determine entitlement to reimbursement.

Legislation cited

Subjects

  • fee reimbursement
  • RTE Act
  • private educational institutions
  • writ petition
  • state liability
  • scrutiny of claims

Judgment

2026:BHC-AUG:40347-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



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                                     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.)




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