Bombay High Court
NEW ENGLISH SCHOOL THR ITS CHAIRMANversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The State must scrutinise each school’s reimbursement claim on its merits and, if entitlement is established, disburse the fees within the timelines specified by the Court.
Summary
The High Court of Bombay, Aurangabad Bench, heard three writ petitions filed by private schools alleging that, despite admitting students under the Right of Children to Free and Compulsory Education Act, 2009, they had not received the statutory fee reimbursements. The petitioners contended that the State of Maharashtra had failed to comply with the reimbursement provisions of the Act. The Court noted that the factual matrix of all three petitions was identical and that the State authorities were required to examine each school's claim on its own merits. It directed the respondents to complete the scrutiny of the proposals within four weeks and, if the schools were found entitled, to disburse the reimbursement within a further four weeks. The orders were issued jointly by Justices Nitin B. Suryawanshi and Abasaheb D. Shinde, and the writ petitions were disposed with these directions.
Issues considered
- What is the obligation of the State under the Right of Children to Free and Compulsory Education Act, 2009 to reimburse fees to private schools admitting students under the Act?
- Whether the State has failed to comply with the statutory reimbursement timeline prescribed in the Act.
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- writ petition
- statutory compliance
- education law
Judgment
2026:BHC-AUG:31681-FB
*1* 63
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
63 WRIT PETITION NO. 8430 OF 2026
Maurya Educational Trust Delhis Takshila School Thr Its
Administrative Officer Shubham M Dhoiphode
VERSUS
The State Of Maharashtra Through Its Principal Secretary And
Others
...
Mr. Prashant R. Nangare, Advocate for the Petitioner
Mr. A. M. Phule, AGP for Respondents/State
Mr. Santosh B. Pulkundwar, Advocate for Respondent No.4
…
WRIT PETITION NO. 8616 OF 2026
New English School
VERSUS
The State Of Maharashtra Through Secretary And Others
...
Ms. Devika Patil h/f. Mr. Yogesh M. Patil, Advocate for the
Petitioner
Mr. A. M. Phule, AGP for Respondents/State
Ms. Archana J. Pawar, Advocate for Respondent Nos.4 and 5.
…
WRIT PETITION NO. 8634 OF 2026
Shri. Sai English Medium School and Ors.
VERSUS
The State Of Maharashtra Through & Ors.
...
Ms. Devika Patil h/f. Mr. Yogesh M. Patil, Advocate for the
Petitioner
Mr. A. M. Phule, AGP for Respondents/State
Mr. V. V. Gujar, Advocate for Respondent Nos.4 and 5
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 27th JULY 2026
Narwade
*2* 63
P. C. :-
1. In all these petitions by the individual institutions
common grievance has been made that inspite of having
admitted students under the Right of Children to Free and
Compulsory Education Act, 2009, they have not been
reimbursed the fees as per the statute.
2. The Principal Seat, as also all the benches have been in
similar fact and situation directing the authorities to consider
the individual proposals and to take appropriate decision within
a stipulated time. We follow the course.
3. Writ petitions are disposed of with following directions :
The respondent/authorities shall undertake scrutiny of
each of the petitioners’ proposals independently on their own
merits and decide the same as expeditiously as possible and
in any case within a period of four (04) weeks from today
and shall disburse the money to them if they are found
entitled to within a period of four (04) weeks thereafter.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Narwade
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