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Bombay High Court

BHAGWANBABA SHIKSHAN PRASARAK MANDALS THROUGH ITS SECRETARY AND OTHERSversusTHE UNION OF INDIA THROUGH SECRETORY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the respondents must independently scrutinise the fee‑reimbursement proposals and, if the petitioners are entitled, disburse the reimbursement within the stipulated periods.

Summary

The High Court of Bombay, Aurangabad Bench, heard three writ petitions 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 petitioners argued that the Union of India and the State authorities were obligated to reimburse the fees collected from these students. The respondents contended that no specific direction had been issued for such reimbursement. After hearing both sides, the Court directed the respondents to independently scrutinise the petitioners' reimbursement proposals on their merits and to take a decision within four weeks. If the petitioners are found entitled, the Court ordered that the reimbursement money be disbursed to them within a further four weeks. The writ petitions were consequently disposed of with these directions.

Issues considered

  • Whether the petitioners are entitled to reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009.
  • Whether the Union of India and the State authorities are mandated to process such reimbursement within a specified time‑frame.

Legislation cited

Subjects

  • Right to Education
  • fee reimbursement
  • RTE Act
  • writ petition
  • public authority
  • education funding

Judgment

2026:BHC-AUG:12502-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


                                               [1]
                                                              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




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