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Bombay High Court

ABHINAV SHIKSHAN SANSTHA NAWALEWADI THROUGH ITS PRESIDENT AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court ordered the respondents to examine the petitioner's reimbursement claim and, if found eligible, to disburse the amount within the stipulated time.

Summary

The petitioners, Abhinav Shikshan Sanstha, 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 respondents, the State of Maharashtra and other authorities, were served notice, which they subsequently waived. Both sides were heard before the Bench of Judges Vibha Kankanwadi and Hiten S. Venegavkar. The Court directed the respondents to independently scrutinize the petitioners' reimbursement proposal on its merits. It ordered that a decision be rendered within four weeks of the order, and if the petitioners are found entitled, the reimbursement must be disbursed within a further four weeks. The petition was consequently disposed of with these directions.

Issues considered

  • Whether the petitioner is entitled to reimbursement of fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009

Legislation cited

Subjects

  • Right to Education
  • fee reimbursement
  • writ petition
  • public authority
  • education law

Judgment

2026:BHC-AUG:7733-DB


                                                                        933-wp-503-2026.odt


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD


                                   WRIT PETITION NO.503 OF 2026

                 Abhinav Shikshan Sanstha Through its President Shri. Madhukarrao s/o
                                           Laxman Nawale
                                               Versus
                                 The State of Maharashtra and others

                                                  …
             Mr. S. K. Shinde, Advocate for the petitioners.
             Mr. AGP for respondent Nos.1 and 2/State.
             Mr. V. D. Patnoorkar, Advocate for respondent No.3.
                                                  ...

                                      CORAM : SMT. VIBHA KANKANWADI &
                                                  HITEN S. VENEGAVKAR, JJ.
                                        DATE : 17 FEBRUARY 2026

             ORDER :


             .        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 and 2/State. Learned Advocates Mr. V. D. Patnoorkar

             waives notice for respondent No.3.


             3.       We have heard both the sides.




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                                                          933-wp-503-2026.odt


4.    We dispose of this writ petition by directing the respondents to

undertake scrutiny of petitioners’ proposals 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.



[ HITEN S. VENEGAVKAR ]                   [ SMT. VIBHA KANKANWADI ]
       JUDGE                                        JUDGE


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