Bombay High Court
KSHITIJ PRATISHTHAN AMBAJOGAI THR ITS SECRETARY NARENDRA H KALEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the State must independently assess the reimbursement claims under the Right to Education Act and, if eligibility is established, must disburse the fees within the stipulated time.
Summary
The petitioners, a group of educational trusts, filed writ petitions seeking reimbursement of fees paid for students admitted under the Right to Education Act. The State of Maharashtra, as respondent, was directed to examine the petitions. The Court observed that the matter was already decided in Writ Petition No.6307 of 2026 and therefore fell within that precedent. It ordered the State to independently scrutinise each petitioner's proposal on its merits and to render a decision within four weeks of receiving the order. If any petitioner is found eligible, the Court directed that the reimbursement be paid within an additional four weeks. The petitions were consequently disposed with these directions.
Issues considered
- Whether the petitioners are eligible for reimbursement of fees under the Right to Education Act
- Whether the State must conduct an independent scrutiny of the petitioners' reimbursement proposals
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- writ petition
- educational institutions
- state liability
Judgment
2026:BHC-AUG:41419-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. )
vsj..
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