Bombay High Court

RADHAKRISHNA FOUNDATION THROUGH ITS SECRETARY NAGESH K JOSHIversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the State must independently examine the petitioners' reimbursement claims and, if eligible, disburse the fees within the stipulated time.

Summary

Several educational trusts filed writ petitions seeking reimbursement of fees paid for students admitted under the Right to Education Act. The petitions raised the question of eligibility for such reimbursement. The Court noted that the issue had already been decided in Writ Petition No.6307 of 2026 and therefore required the State to independently scrutinise each petitioner's proposal on its merits. The Court directed the State to complete this scrutiny within four weeks of receiving the order and, if the petitioners are found eligible, to disburse the reimbursement within a further four weeks. Accordingly, the petitions were disposed with these directions.

Issues considered

What is the eligibility of educational trusts for fee reimbursement under the Right to Education Act?

Legislation cited

The Right of Children to Free and Compulsory Education (RTE) Act, 2009

Subjects

Right to Education
fee reimbursement
educational trusts
writ petition
judicial review

Judgment

2026:BHC-AUG:41420-DB
                                                1                   13 GROUP.doc



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                         13 WRIT PETITION NO. 11872 OF 2026

       SHRI SAI EDUCATIONAL TRUST CHH SAMBHAJINAGAR THROUGH ITS
                        PRINCIPAL AGNEL S DCUNHA
                                 VERSUS
      THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                          ...


             Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao
                      AGP for Respondent/State : Mr. S.K. Tambe
                    Advocate for Respondent No.4 : Mr. S.R.Dheple
                                            …
                       16 WRIT PETITION NO. 11935 OF 2026

   LATE BAPUSAHEB SHUKLA SHIKSHAN PRASARAK MANDAL THR ITS PRINCIPAL
                            PRIYANKA K RANA
                                 VERSUS
         THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
                                          ...
             Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao
                      AGP for Respondent/State : Mr. S.K. Tambe
                    Advocate for Respondent No.4 : Mr. S.R.Dheple
                                            …
                         WRIT PETITION NO. 11963 OF 2026
    KSHITIJ PRATISHTHAN AMBAJOGAI THROUGH ITS SECRETARY NARENDRA H
                                           KALE
                                            VS.
      THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                            …
             Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao
                      AGP for Respondent/State : Mr. S.K. Tambe
                    Advocate for Respondent No.4 : Mr. S.R.Dheple
                                            …

                          WRIT PETITION NO. 11959 OF 2026
                        RADHAKRISHNA FOUNDATION THROUGH
                           ITS SECRETARY NAGESH K JOSHI
                                       2                          13 GROUP.doc



                                     VS.
                     THE STATE OF MAHARASHTRA
                THROUGH ITS SECRETARY AND OTHERS
                                      …
              Advocate for the Petitioner : Mr. Milind M. Joshi
                AGP for Respondent/State : Mr. V.M. Kagne
              Advocate for Respondent No.4 : Mr. S.R.Dheple
                                      …

                   WRIT PETITION NO. 11960 OF 2026
 PRALHAD CHAVAN BAHU UDDESHIYA SANSTHA THROUGH ITS HEADMASTER
                             RAJESH P CHAVAN
                                       VS.
   THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                       …
               Advocate for the Petitioner : Mr. Milind M. Joshi
                AGP for Respondent/State : Mr. M.K. Goyanka
               Advocate for Respondent No.4 : Mr. S.R.Dheple
                                       …
                   WRIT PETITION NO. 11962 OF 2026
ARUNODAY SHIKSHAN PRASARAK MANDAL THROUGH ITS SECRETARY VIJAY M
                                  WADKAR
                                      VS.
   THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                       …
               Advocate for the Petitioner : Mr. Milind M. Joshi
                 AGP for Respondent/State : Mr. S.R. Wakale
               Advocate for Respondent No.4 : Mr. S.R.Dheple
                                       …

                                   CORAM      : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.
                                     DATE     : 07.09.2026

        PER COURT :
        .     Writ Petition Nos. 11959 of 2026, 11960 of 2026, 11962 of 2026
        and 11963 of 2026, and are not on Board. Upon mentioning, taken on
                                 3                       13 GROUP.doc



Board.

2.       By this petitions, the petitioners seek reimbursement of fees in
respect of students admitted by the Petitioners-Managements, under
the Right to Education Act.

3.      Indisputably, the issue raised in these petitions is squarely
covered by the decision of this Court dated 24.06.2026 in Writ Petition
No.6307 of 2026.

4.      The Writ Petitions are, therefore, disposed of by directing the
respondents to undertake the scrutiny of the Petitioners' proposal
independently, on its own merits and take appropriate decision as
expeditiously as possible and in any case, within a period of four weeks
from the date of receipt of copy of this order.

5.      If the petitioners are found eligible to get reimbursement, the
same shall be disbursed to the petitioners within a period of four weeks
thereafter.



( ABASAHEB D. SHINDE, J. )               ( NITIN B. SURYAWANSHI, J. )



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