Bombay High Court
PATHRI TALUKA SHIKSHAN PRASARAK MANDAL THR ITS PRESIDENT BALKISHAN P CHANDAK AND ANRversusTHE UNION OF INDIA THR SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The respondents must independently examine the petitioners' reimbursement proposals and, if entitlement is established, disburse the fees within four weeks of the decision.
Summary
The Pathri Taluka Shikshan Prasarak Mandal filed two writ petitions seeking reimbursement of fees paid for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The petitioners argued that the fees should be refunded as the Act mandates free education for those students. The Court examined the submissions of the petitioners, the State Attorney General, and the respondent's counsel. It directed the respondent authorities to independently scrutinize the petitioners' reimbursement proposals on their merit and to decide within four weeks. If the petitioners are found entitled, the Court ordered that the reimbursement be disbursed within a further four weeks.
Issues considered
- Whether the fees paid for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009 are recoverable from the Union of India and other respondents.
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- RTE Act
- writ petition
- public authority
- education funding
Judgment
2026:BHC-AUG:45858-DB
{1} 11-WP-13112-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
11 WRIT PETITION NO. 13112 OF 2026
Pathri Taluka Shikshan Prasarak Mandal Through Its President
Balkishan P Chandak And Another
Versus
The Union Of India And Others
Mr. M.P. Tripathi h/f Mr. R.R. Chandak, Advocate for the Petitioners
Mr. V.M. Kagne, AGP for State
Mr. N.T. Bhagat, Advocate for Respondent No. 1
14 WRIT PETITION NO. 13123 OF 2026
Pathri Taluka Shikshan Prasarak Mandal Through Its President
Balkishan P Chandak And Another
Versus
The Union Of India And Others
Mr. M.P. Tripathi h/f Mr. R.R. Chandak, Advocate for the Petitioners
Mr. V.M. Kagne, AGP for State
Mr. N.T. Bhagat, Advocate for Respondent No. 1
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 30th SEPTEMBER, 2026
PER COURT :
1. By these petitions, petitioners seek reimbursement of fees in
respect of 25% students admitted by the Management under the Right
of Children to Free and Compulsory Education Act, 2009.
2. Heard learned advocate for the petitioners, learned AGP for State
and learned advocate for respondent No. 1.
{2} 11-WP-13112-2026
3. The writ petitions are disposed of by directing respondents
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 today and if petitioners are found entitled to get reimbursement,
shall disburse the money to them within a period of four weeks
thereafter.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Bhagyawant Punde
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