Bombay High Court
SWAMI VIVEKANAND YUVAK PRATISHTAN THR. ITS PRESIDENTversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION AND ORS.
- Disposal
- DISPOSED OFF
Holding
The Court held that the respondents must independently scrutinize the petitioner’s proposal and, if the petitioner is found entitled, reimburse the fees.
Summary
The petitioner, Swami Vivekanand Yuvak Pratishthan, filed a writ petition seeking reimbursement of fees for 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009. The petition alleged that the State of Maharashtra, through the School Education Department, was liable to refund the fees. The Court heard arguments from the petitioner’s counsel and the State’s counsel, who both waived formal notice. The Court directed the State to independently scrutinize the petitioner’s reimbursement proposal on its merits within four weeks. If the petitioner is found entitled, the Court ordered the State to disburse the reimbursement within an additional four weeks. The petition was thereafter disposed.
Issues considered
- Whether the petitioner is entitled to reimbursement of fees for students admitted under the Right of Children to Free and Compulsory Education Act, 2009
Legislation cited
Subjects
- reimbursement
- Right to Education
- fee reimbursement
- writ petition
- Maharashtra
- education law
Judgment
2026:BHC-AUG:18523-DB
(1) 5 WP 4509 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
5 WRIT PETITION NO. 4509 OF 2026
SWAMI VIVEKANAND YUVAK PRATISHTAN THR. ITS PRESIDENT
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY SCHOOL
EDUCATION AND ORS.
...
Mr. G. B. Kingre, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondent Nos.1 to 3 – State
Mr. S. R. Dheple, Advocate for Respondent No.4
…
CORAM : SMT. VIBHA KANKANWADI AND
AJIT B. KADETHANKAR, JJ.
DATE : 23.04.2026
PER COURT :-
. This is the petition 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 AGP waives notice for
respondent Nos.1 to 3/State. Learned Advocate Mr. S. R. Dheple waives notice
for respondent No. 4.
3. We have heard both the sides.
4. We dispose of this writ petition by directing the respondents to
undertake scrutiny of petitioner’s proposal independently, on its own merits
(2) 5 WP 4509 OF 2026
and take appropriate decision as expeditiously as possible and in any case,
within a period of (04) weeks from today and if the petitioner is found
entitled to get reimbursement, shall disburse the money to the petitioner
within a period of four weeks thereafter.
( AJIT B. KADETHANKAR, J. ) ( SMT. VIBHA KANKANWADI, J. )
PRW
Checking your session…