Bombay High Court
ADHAR FOUNDATION GEORAI THR ITS SECRETARYversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETORY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the State must independently scrutinise the reimbursement proposals and, upon finding the petitioners entitled, must disburse the fees within the stipulated period.
Summary
Four writ petitions were filed by various educational societies seeking reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The petitioners alleged that the State of Maharashtra had failed to disburse the amounts due to them. The respondents, represented by the State and the respective Zilla Parishads, contended that the matter required a detailed scrutiny of the proposals. The Court examined the submissions and observed that the statutory mandate under the RTE Act obliges the State to reimburse eligible institutions. Consequently, the Court directed the respondents to independently scrutinise each petitioner's claim on its merits within four weeks and, if entitlement is established, to release the reimbursement within a further four weeks. The order effectively disposes of the writ petitions while ensuring compliance with the RTE Act’s reimbursement provisions.
Issues considered
- Whether the State of Maharashtra is liable to reimburse educational societies for fees of students admitted under the Right of Children to Free and Compulsory Education Act, 2009
- Whether the State must conduct an independent scrutiny of the petitioners' reimbursement proposals
- Timeframe within which the State must decide and, if appropriate, disburse the reimbursement
Legislation cited
Subjects
- RTE Act
- fee reimbursement
- right to education
- writ petition
- state liability
- educational society
Judgment
2026:BHC-AUG:6557-DB
p4 to p7.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
4 WRIT PETITION NO.1745 OF 2026
Kai. Jijabhau Bahuudeshiy Sevabhavi Sanstha Indalkarwadi Thr Its President And
Others
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. D. B. Pokale, Advocate for the Petitioners.
Mr. R. S. Wani, AGP for Respondent 1 to 3/State.
Mr. P. D. Suryawanshi, Advocate for Respondent No.4.
…
AND
5 WRIT PETITION NO.1746 OF 2026
Balaji Education Society Gangakhed District Parbhani Thr Its President
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. D. B. Pokale, Advocate for the Petitioner.
Ms. N. B. Kamble, AGP for Respondent Nos.1 to 3/State.
Mr. A. R. Nikam, Advocate for Respondent No.4.
…
AND
6 WRIT PETITION NO. 1747 OF 2026
Adhar Foundation Georai Thr Its Secretary
VERSUS
The State Of Maharashtra Through Its Secretory And Others
...
Mr. D. B. Pokale, Advocate for the Petitioner.
Mr. V. M. Kagne, AGP for Respondent Nos.1 to 3/State.
Mr. P. D. Suryawanshi, Advocate for Respondent No.4.
…
AND
7 WRIT PETITION NO.1748 OF 2026
Shri Sant Dnyaneshwar Maharaj Shikshan Prasarak Mandal Through Its Secretary
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. D. B. Pokale, Advocate for the Petitioner.
Mr. A. M. Phule, AGP for Respondent Nos.1 to 3/State.
Mr. S. B. Pulkundwar, Advocate for Respondent No.4.
…
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p4 to p7.odt
CORAM : SMT. VIBHA KANKANWADI &
HITEN S. VENEGAVKAR, JJ.
DATE : 12 FEBRUARY 2026
ORDER :
. These are the petitions of reimbursement of fees in respect of 25%
students admitted by the petitioner/management under the Right of
Children to Free and Compulsory Education Act, 2009.
2. Issue notice to the respondents. Learned AGPs waive notice for
respondents/State in respective petitions. Learned Advocates Mr. P. D.
Suryawanshi, Mr. A. R. Nikam and Mr. S. B. Pulkundwar waive notice for
respondent No.4/Zilla Parishad in respective petitions.
3. We have heard both the sides.
4. We dispose of these writ petitions by directing the respondents to
undertake scrutiny of petitioners’ proposal independently on their own
merits and take appropriate decision as expeditiously as possible and in
any case, within a period of (04) weeks from today and if the petitioners
are found entitled to get reimbursement, shall disburse the money to the
petitioners within a period of four weeks thereafter.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
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