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Bombay High Court

GODAVARI MANAR CHRITABLE TURST SHANKAR NAGAR BILOLIversusTHE UNION OF INDIA THROUGH SECRETORY MINISTRY OF EDUCATION DEPT. AND ORS.

Disposal
DISPOSED OFF

Holding

The respondents must independently scrutinise the petitioners' reimbursement proposals and, if entitlement is established, disburse the fees within the time limits specified.

Summary

The petitioners, a charitable trust and a social service organization, 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 respondents, including the Union of India, the Ministry of Education and the State, contested the claim. The Court examined whether the petitioners were entitled to such reimbursement under the RTE Act. It held that the respondents must independently scrutinise the petitioners' proposals on their merits. The Court directed the respondents to decide within four weeks and, if reimbursement is warranted, to disburse the amount within a further four weeks. The petitions were consequently disposed of with these directions.

Issues considered

  • Whether the petitioners are entitled to reimbursement of fees for the 25% seats under the Right of Children to Free and Compulsory Education Act, 2009
  • Whether the respondents are obligated to examine the reimbursement claim and decide within a stipulated time

Legislation cited

Subjects

  • Right to Education
  • fee reimbursement
  • charitable trust
  • writ petition
  • education funding
  • government liability

Judgment

2026:BHC-AUG:18521-DB



                                                (1)                       2 WP 4506 OF 2026+


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                2 WRIT PETITION NO. 4506 OF 2026

                 GODAVARI MANAR CHRITABLE TURST SHANKAR NAGAR BILOLI
                                                 VERSUS
            THE UNION OF INDIA THROUGH SECRETORY MINISTRY OF EDUCATION
                                            DEPT. AND ORS.
                                                    …
           Mr. S. S. Patil, Advocate for the Petitioner
           Mr. S. B. Narwade, AGP for Respondent Nos.1 to 4 – State
           Mr. S. B. Pulkundwar, Advocate for Respondent No.5

                                              AND
                                4 WRIT PETITION NO. 4508 OF 2026

                     SHRI JAYBHAVANI BAHUUDESHIYA SAMAJSEVI SANSTHA
                                           MANGALWARPETH
                                                 VERSUS
            THE UNION OF INDIA THR. SECRETORY MINISTRY OF EDUCATION DEPT
                                       OF SCHOOL AND OTHERS
                                                    ...
           Mr. S. S. Patil, Advocate for the Petitioner
           Mr. R. S. Wani, AGP for Respondent Nos.1 to 4 – State
           Mr. B. B. Bhise, Advocate for Respondent No.5
                                                    …

                                            CORAM     : SMT. VIBHA KANKANWADI AND
                                                        AJIT B. KADETHANKAR, JJ.
                                            DATE      : 23.04.2026

           PER COURT :-

           .            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)                      2 WP 4506 OF 2026+




2.           Issue notice to the respondents. Learned AGPs waive notice for

respondents/State in respective petitions. Learned Advocates Mr. S. B.

Pulkundwar and Mr. B. B. Bhise waive notice for respondents/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 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.



( AJIT B. KADETHANKAR, J. )                  ( SMT. VIBHA KANKANWADI, J. )
PRW


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