Bombay High Court
MAHATMA PHULE SHIKSHAN PRASARAK MANDAL THROUGH ITS PRESIDENT GAJANAN L WAKHARKARversusTHE UNION OF INDIA THROUGH SECRETORY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The respondents must independently scrutinise the reimbursement proposals and, if entitlement is established, disburse the fees within the stipulated time.
Summary
Three writ petitions were filed by educational trusts seeking reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The petitions were filed against the Union of India and the State authorities. The Court examined the submissions of both sides and noted that the issue centered on whether the respondents were obligated to reimburse the fees under the RTE Act. The Court held that the respondents must independently scrutinise the petitioners' reimbursement proposals on their merits. It directed the respondents to decide the matter within four weeks and, if the petitioners are found entitled, to disburse the reimbursement within a further four weeks. The writ petitions were consequently disposed of with the above directions.
Issues considered
- Whether the Union of India and the State are liable to reimburse fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009
Legislation cited
Subjects
- Right to Education
- Fee reimbursement
- Educational institutions
- Writ petition
- 25% reservation
Judgment
2026:BHC-AUG:12501-DB
p2, p3 and p5.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 WRIT PETITION NO.2974 OF 2026
Mahatma Phule Shikshan Prasarak Mandal Through Its President Gajanan L
Wakharkar
VERSUS
The Union Of India Through Secretory And Others
...
Mr. Santosh S. Patil, Advocate for the Petitioner
Mr. A. M. Phule, AGP for Respondents/State.
Mr. R. H. Mewara, Central Government Counsel for Respondent No.1.
Mr. S. B. Pulkundwar, Advocate for Respondent No.5.
…
AND
903 WRIT PETITION NO.2975 OF 2026
Bhagwanbaba Shikshan Prasarak Mandals Through Its Secretary And Others
VERSUS
The Union Of India Through Secretory And Others
...
Mr. Santosh S. Patil, Advocate for the Petitioners.
Mr. S. B. Narwade, AGP for Respondents/State.
Mr. S. B. Pulkundwar, Advocate for Respondent No.5.
Mr. K. S. Solanke, Central Government Counsel for Respondent No.1.
…
AND
905 WRIT PETITION NO.2977 OF 2026
Malikaarjun Appa Bahuuddeshiya Sevabhavi Sanstha Through Its President And
Anr
VERSUS
The Union Of India Through Secretory And Others
...
Mr. Santosh S. Patil, Advocate for the Petitioners.
Mr. V. M. Kagne, AGP for Respondents/State.
Mr. Akshay Kulkarni, Central Government Counsel for respondent No.1.
Mr. S. B. Pulkundwar, Advocate for Respondent No.5.
...
CORAM : SMT. VIBHA KANKANWADI &
HITEN S. VENEGAVKAR, JJ.
DATE : 18 MARCH 2026
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p2, p3 and p5.odt
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 Advocate Mr. S. B.
Pulkundwar waives notice for respondent No.5/Zilla Parishad in all the
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
scm
[2]
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