Bombay High Court

VATSALABAI SURYAWANSHI BAHUDDESHIYA SEVABHAVI SANSTHA THR RAVINDRA AND ANRversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the respondent authorities must independently scrutinise the petitioners' reimbursement proposals and, if entitlement is established, disburse the fees within the stipulated time.

Summary

The petitioners, a charitable trust and another entity, filed a writ petition seeking reimbursement of fees paid for students admitted under the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The State of Maharashtra and other respondents contested the claim. The Court examined the petitioners' claim and the statutory framework of the RTE Act. It directed the respondent authorities to independently scrutinise the petitioners' reimbursement proposals on their merits and to decide within four weeks of receiving the order. If the petitioners are found eligible, the Court ordered that the reimbursement be disbursed within another four weeks. The petition was consequently disposed.

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 authorities must conduct an independent scrutiny of the reimbursement proposals

Legislation cited

Right of Children to Free and Compulsory Education Act, 2009

Subjects

Right to Education
Fee reimbursement
Charitable trust
Writ petition
Education law

Judgment

2026:BHC-AUG:44281-DB


                                                1                   Format.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                              WRIT PETITION NO.12944 OF 2026
                 SMT. VATSALABAI SURYAWANSHI BAHUDDESHIYA SEVABHAVI
                                    SANSTHA AND ANOTHER
                                             VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                               …
                         Mr. A. A. Mukhedkar, Advocate for Petitioners
                           Mr. B. B. Bhise, AGP for Respondent/State
                     Mr. S. B. Pulkundwar, Advocate for Respondent No.3
                                               ...
                                      CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.
                                       DATE : 23rd SEPTEMBER, 2026
              PER COURT :

              1.           Not on board. Upon mentioning taken on board.

              2.           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.

              3.           Heard learned advocate for the petitioners, learned AGP

              for the State and learned advocates for respondent No.3.

              4.           The writ petition is 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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