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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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