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Bombay High Court

NUTAN VIDHYALYA SHIKSHAN SANSTHA SHELU THRUOGH ITS PRESIDENT AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the respondents must independently scrutinize the petitioners’ reimbursement proposals and, if entitlement is established, disburse the fees within the stipulated time‑frames.

Summary

The petitioners, a group of educational trusts and societies, sought reimbursement of fees for the 25 % of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. They contended that the State of Maharashtra and the respective Zilla Parishads were obligated to refund the fees collected from these students. The respondents argued that the reimbursement claim required a detailed scrutiny of the petitions’ proposals before any payment could be ordered. The Court examined the provisions of the RTE Act, particularly the clause mandating reimbursement of fees for the stipulated quota, and held that the State and Zilla Parishads must independently evaluate the claims. Accordingly, the Court directed the respondents to complete their scrutiny and decide on the entitlement within four weeks, and if reimbursement is due, to disburse the amount within a further four weeks. The writ petitions were therefore disposed with specific directions for prompt action.

Issues considered

  • Whether the State of Maharashtra and the Zilla Parishads are liable to reimburse fees collected from the 25 % of students admitted under the Right of Children to Free and Compulsory Education Act, 2009

Legislation cited

Subjects

  • RTE Act
  • fee reimbursement
  • right to education
  • writ petition
  • Maharashtra
  • Zilla Parishad

Judgment

2026:BHC-AUG:704-DB


                                                                           p5 to p9.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                 5 WRIT PETITION NO.299 OF 2026

                Shivba Shikshan And Bahuuddeshiya Sevabhavi Sanstha Sanchalit School
                                                 VERSUS
                        The State Of Maharashtra Through Its Secretary And Others
                                                      ...
             Mr. D. B. Pokale, Advocate for the Petitioner.
             Mr. R. S. Wani, AGP for Respondents/State.
             Mr. S. B. Pulkundwar, Advocate for Respondent No.4.
                                                     …
                                                    AND
                                   6 WRIT PETITION NO.300 OF 2026

              Nutan Vidhyalya Shikshan Sanstha Shelu Thruogh Its President And Another
                                                 VERSUS
                        The State Of Maharashtra Through Its Secretary And Others
                                                      ...
             Mr. D. B. Pokale, Advocate for the Petitioner.
             Mr. S. B. Pulkundwar, AGP for Respondents/State.
             Mr. A. R Nikam, Advocate for Respondent No.4.
                                                     …
                                                    AND
                                   7 WRIT PETITION NO.301 OF 2026

              Shree Samarath Yogabhyanand Yonkatnath Maharaj Deogaon Rangari Trust
                                         Nagpur Thr Its President
                                                 VERSUS
                        The State Of Maharashtra Through Its Secretory And Others
                                                      ...
             Mr. D. B. Pokale, Advocate for the Petitioner.
             Ms. N. B. Kamble, AGP for Respondents/State.
             Mr. S. R. Dheple, Advocate for Respondent No.4.
                                                     …
                                                    AND
                                   8 WRIT PETITION NO.302 OF 2026

             Late Bapurao Patil Narwade Gram Vikas Sanstha Pachod Through Its Secretary
                                               And Another
                                                 VERSUS
                                   The State Of Maharashtra And Others
                                                      ...
             Mr. D. B. Pokale, Advocate for the Petitioner.
             Mr. A. B. Girase, GP for Respondents/State.
             Mr. S. R. Dheple, Advocate for Respondent No.4.


                                                 [1]
                                                              p5 to p9.odt


                                  …
                                 AND
                    9 WRIT PETITION NO.303 OF 2026

   Balaghat Shikshan Prasarak Mandal Pargaon Sanchalit School And Others
                                    VERSUS
           The State Of Maharashtra Through Its Secretary And Others
                                         ...
Mr. D. B. Pokale, Advocate for the Petitioners.
Mr. S. K. Tambe, AGP for Respondents/State.
Mr. P. D. Suryawanshi, Advocate for Respondent No.4.
                                         ...

                       CORAM : SMT. VIBHA KANKANWADI &
                                    HITEN S. VENEGAVKAR, JJ.

                         DATE :    08 JANUARY 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. S. B.

Pulkundwar, Mr. A. R. Nikam, Mr. S. R. Dheple and Mr. P. D. Suryawanshi

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



                                    [2]
                                                            p5 to p9.odt


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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