Bombay High Court

LATE SHIVRAM BAHUUDDESHIYA SHIKSHAN SANSTHA JEHUR SANCHALIT SCHOOL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The respondents must independently scrutinise the reimbursement proposals and decide within four weeks, and if entitlement is established, disburse the reimbursement within a further four weeks.

Summary

The petitioners, two 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. They alleged that the State of Maharashtra and the Zilla Parishad had not processed the reimbursement claims. The respondents, represented by the Attorney General and counsel for the Zilla Parishad, did not contest the claim but sought procedural clarification. The Court, after hearing both sides, directed the respondents to independently scrutinise the petitioners' reimbursement proposals on their merits. It ordered that a decision be rendered within four weeks and, if the petitioners are found entitled, the reimbursement be disbursed within a further four weeks. The petitions were consequently disposed of with these directions.

Issues considered

Whether the State of Maharashtra and the Zilla Parishad are obligated to reimburse fees for the 25% of students admitted under the Right of Children to Free and Compulsory Education Act, 2009

Legislation cited

Right of Children to Free and Compulsory Education Act, 2009

Subjects

fee reimbursement
RTE Act
writ petition
education
state liability
Zilla Parishad

Judgment

2026:BHC-AUG:2074-DB


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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                 1 WRIT PETITION NO.649 OF 2026

               Late Shivram Bahuuddeshiya Shikshan Sanstha Jehur Sanchalit School And
                                                  Another
                                                 VERSUS
                                  The State Of Maharashtra And Others
                                                      ...
             Mr. D. B. Pokale, Advocate for the Petitioners.
             Mr. V. M. Kagne, AGP for Respondents/State.
             Mr. S. R. Dheple, Advocate for Respondent No.4.
                                                     …
                                                    AND
                                   2 WRIT PETITION NO.650 OF 2026

              Ramkrishna Govindrao Kale Bahuuddeshiya Sanstha Paithan Sanchalit School
                                               And Another
                                                 VERSUS
                                  The State Of Maharashtra And Others
                                                      ...
             Mr. D. B. Pokale, Advocate for the Petitioners.
             Mr. V. M. Kagne, AGP for Respondents/State.
             Mr. S. R. Dheple, Advocate for Respondent No.4.
                                                      ...

                                   CORAM : SMT. VIBHA KANKANWADI &
                                                HITEN S. VENEGAVKAR, JJ.
                                      DATE :    17 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 AGP waives notice for

             respondents/State in both the petitions. Learned Advocate Mr. S. R.


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Dheple waives notice for respondent No.4/Zilla Parishad in both the

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.



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


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