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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