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 Court ordered the respondent authorities to independently scrutinize the petitioners' reimbursement proposals and decide on their merit within four weeks.
Summary
The Pathri Taluka Shikshan Prasarak Mandal, through its president, filed 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 management was entitled to recover those fees from the government. The Court examined whether the statutory provisions and the management's proposals warranted such reimbursement. It held that the matter required a detailed, independent scrutiny of the petitioners' proposals on their merits. Consequently, the Court directed the respondent authorities to examine the proposals within four weeks and, if the petitioners are found eligible, to disburse the reimbursement within a further four weeks. The petitions were thus disposed with these directions.
Issues considered
- Whether the management is entitled to reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009
Legislation cited
Subjects
- reimbursement
- Right to Education
- fee recovery
- writ petition
- high court
Judgment
2026:BHC-AUG:45859-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
Checking your session…