Bombay High Court
MALIKAARJUN APPA BAHUUDDESHIYA SEVABHAVI SANSTHA THROUGH ITS PRESIDENT AND ANRversusTHE UNION OF INDIA THROUGH SECRETORY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the respondents must examine the reimbursement claims on their merits and, if entitlement is established, disburse the fees within the stipulated period.
Summary
The petitioners, three educational trusts, filed writ petitions seeking reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. They alleged that the Union of India, the State and the Zilla Parishad had failed to disburse the amounts due. The Court heard arguments from the petitioners' counsel, Santosh S. Patil, and the respondents' counsel, including AGPs and Central Government Counsel. It directed the respondents to independently scrutinise the petitioners' reimbursement proposals on their merits and to make a decision within four weeks. If the petitioners are found entitled, the Court ordered that the reimbursement be paid within a further four‑week period. The writ petitions were consequently disposed with the directive for prompt action.
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, the State and the Zilla Parishad are obligated to disburse such reimbursement within a specific time‑frame
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- RTE Act
- writ petition
- public authority
- education funding
- judicial direction
Judgment
2026:BHC-AUG:12503-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
[2]
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