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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.)




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