Bombay High Court
BALAGHAT SHIKSHAN PRASARAK MANDAL PARGAON SANCHALIT SCHOOL AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court directed the State and Zilla Parishad to independently scrutinise the fee‑reimbursement proposals and, if justified, to disburse the amounts within four weeks.
Summary
The petitioners, a group of 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. The State of Maharashtra and the respective Zilla Parishads were respondents. The court heard arguments from both sides and noted that the petitioners were entitled to claim reimbursement under the RTE Act. It directed the respondents to independently scrutinise the petitioners' reimbursement proposals and to make a decision within four weeks. If the petitioners are found eligible, the respondents must disburse the reimbursement within a further four weeks. The petitions were disposed 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 State and Zilla Parishad must conduct an independent scrutiny of the reimbursement proposals and disburse the amounts within the time‑frame prescribed by the court
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- writ petition
- education law
- Maharashtra
- Zilla Parishad
- RTE Act
Judgment
2026:BHC-AUG:707-DB
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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.
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…
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
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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
[3]
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