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Bombay High Court

GANESH SHIKSHAN PRASARAK MANDAL THR ITS SECRETARY SUBHASH R TAMBE AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Petitioners are entitled to reimbursement of fees under the RTE Act, and the State must adjudicate the claims independently and within the time limits prescribed by the Court.

Summary

The petitioners, a group of educational and charitable institutions, sought reimbursement of fees paid for students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The State of Maharashtra and a fourth respondent were challenged for not processing the reimbursement claims. The Court examined whether the petitioners were entitled to such reimbursement under the RTE Act and whether the State was obligated to decide the claims expeditiously. It held that the statutory provision mandates reimbursement where eligible and that the State must act promptly. Consequently, the Court directed the respondents to independently scrutinise each petitioner's claim on its merits within four weeks and to disburse any due amounts within an additional four weeks. The writ petitions were therefore disposed of with these directions.

Issues considered

  • Whether the petitioners are entitled to reimbursement of fees under the Right of Children to Free and Compulsory Education Act, 2009.
  • Whether the State of Maharashtra is required to adjudicate such reimbursement claims within a specified time frame.

Legislation cited

Subjects

  • fee reimbursement
  • Right to Education
  • RTE Act
  • writ petition
  • high court
  • educational institutions
  • public authority

Judgment

2026:BHC-AUG:44507-DB


                                           1                 9-WP-12424-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 12424 OF 2026

               SRI SRI RAVISHANKAR VIDYA MANDIR, SANGAMNER THROUGH ITS
                                          SECRETARY
                                            VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                              ...
              Mr. Ajinkya Kale, Advocate h/f Talekar and Associates for the
              Petitioner
              Mr. S. K. Tambe, AGP for Respondents/State
                                              ...
                           27 WRIT PETITION NO. 12588 OF 2026

               MAULI BAHUUDDESHIYA SEVABHAVI SANSTHA, GEORAI THROUGH
                                  ITS SECRETARY AND OTHERS
                                            VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
              Mr. M. K. Goyanka, AGP for Respondents/State
              Mr. P. D. Suryawanshi, Advocate for Respondent No.4
                                               ...
                            28 WRIT PETITION NO. 12590 OF 2026

                   SHRI GANESH SHIKSHAN PRASARAK MANDAL, BAJAJ NAGAR
                             THROUGH ITS SECRETARY AND OTHERS
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
              Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
              Mr. V. M. Kagne, AGP for Respondents/State
              Mr. S. R. Dheple, Advocate for Respondent No.4
                                                ...
                           30 WRIT PETITION NO. 12603 OF 2026

              LATE. LAXMIBAI DESHMUKH SHIKSHAN PRASARAK MANDAL, PARALI
                                  (V), THROUGH ITS PRESIDENT
                                            VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
              Mr. S. R. Wakle, AGP for Respondents/State
              Mr. P. D. Suryawanshi, Advocate for Respondent No.4
                                               …


              SVH
                                 2                  9-WP-12424-26.odt


              WRIT PETITION NO.12887 OF 2026

 KRUSHANKESARIYA SEVABHAVI SANSTHA, DHARUR THROUGH ITS
                             SECRETARY
                               VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                 ...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
Mr. P. D. Suryawanshi, Advocate for Respondent No.4
                                 …
                WRIT PETITION NO. 12886 OF 2026

    SYNERGY FOUNDATION AMBAJOGAI, DIST. BEED THROUGH ITS
                              SECRETARY
                               VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                  ...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Ms. S. S. Joshi, AGP for Respondents/State
Mr. P. D. Suryawanshi, Advocate for Respondent No.4
                                  …
                 WRIT PETITION NO.12889 OF 2026

      DNYANVIDHYA BAHUUDDESHIYA SANSTHA, ASHIVI KHURD
                THROUGH ITS PRESIDENT AND OTHERS
                               VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS
                                 ...
Mr. Dnyaneshwar B. Pokale, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
Mr. S. B. Pulkundwar, Advocate for Respondent No.4
                                 ...

                       CORAM : NITIN B. SURYAWANSHI AND
                               ABASAHEB D. SHINDE, JJ.
                        DATE : 23rd SEPTEMBER, 2026

PER COURT :

1.         It is a matter of reimbursement of fees in respect of the

students admitted by the petitioners Institutions under the Right of

Children to Free and Compulsory Education Act, 2009.




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                                  3                   9-WP-12424-26.odt


2.          Heard learned advocate for the petitioners, learned AGP

for the State and learned advocates for respondent No.4.


3.          The writ petitions are disposed of by directing the

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 the date of receipt of copy of this order. If petitioners

are found entitled to get reimbursement, the same shall be

disbursed the petitioners within a period of four weeks thereafter.



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




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