Bombay High Court
SHENESHWAR BAHUDDESHIYA EDUCATION SANSTHA THR ITS SECRETARY LAXMAN P TATE AND ANOTHERversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The respondents must scrutinise the petitioners’ reimbursement claim and, if found entitled, pay the amount within the stipulated time.
Summary
The petitioners, Shneshwar Bahuddeshiya Education Sanstha, sought reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The State of Maharashtra and a third respondent were served notice, but the State’s Advocate and the third respondent’s counsel waived service. The Court examined whether the petitioners were entitled to such reimbursement under the statutory provisions of the RTE Act. It held that the respondents must independently scrutinise the petitioners’ claim on its merits. The Court directed the respondents to complete this scrutiny and render a decision within four weeks, and if the claim is upheld, to disburse the reimbursement within a further four weeks. Accordingly, the writ petition was disposed with these directions.
Issues considered
- Whether the petitioners are 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
Subjects
- Right to Education
- fee reimbursement
- writ petition
- statutory duty
- education law
Judgment
2026:BHC-AUG:39790-DB
1 21.WP.11277.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11277 OF 2026
SHENESHWAR BAHUDDESHIYA EDUCATION SANSTHA THROUGH
ITS SECRETARY LAXMAN PUNDLIKRAO TATE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY
AND OTHERS
...
Advocate for the Petitioners : Mr. Mukhedkar Amit Arunkumar
AGP for Respondent/State : Mr. S.R. Wakale
Advocate for Respondent No.3 : Mr. Yogita S. Thorat
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 01.09.2026
PER COURT:
1. By this petition, the petitioners pray 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.
2. Issue notice to the respondents. Learned AGP waives service for
Respondent Nos.1 and 2/State. Learned Advocate Ms. Thorat, waives
notice for respondent No.3.
3. We have heard both the sides. We dispose of this writ petition by
directing the respondents to undertake scrutiny of petitioners’ proposal
2 21.WP.11277.26.odt
independently on their own merits and take appropriate decision as
expeditiously as possible and in any case, within a period of (04)
weeks from today and if the petitioners are found entitled to get
reimbursement, shall disburse the money to the petitioners within a
period of four weeks thereafter.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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