Bombay High Court
SYNERGY FOUNDATION AMBAJOGAI THR ITS SECRETARY RAMAKANT R MANEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The State must independently scrutinize the petitioners' reimbursement proposals and decide within four weeks, disbursing any awarded amount within four weeks thereafter.
Summary
The petitioners, a group of educational 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 other respondents contested the claim, arguing that the reimbursement proposals required scrutiny. The Court examined whether the institutions were entitled to such reimbursement and whether the State must evaluate the proposals independently. It held that the State authorities must conduct an independent, merit‑based scrutiny of the reimbursement proposals. The Court directed the respondents to decide the matter within four weeks of receiving this order and, if reimbursement is warranted, to disburse the amounts within a further four weeks. Consequently, all the writ petitions were 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 must conduct an independent scrutiny of the reimbursement proposals
- Whether the Court can impose a time‑bound deadline for the decision and disbursement
Legislation cited
Subjects
- fee reimbursement
- Right to Education
- RTE Act
- writ petition
- state liability
- educational institutions
Judgment
2026:BHC-AUG:44510-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.
SVH
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.)
SVH
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