Bombay High Court
SHRI SAI ENGLISH MEDIUM SCHOOL THROUGH ITS PRINCIPAL AND OTHERSversusTHE MAHARASHTRA THROGGH SECRETARY SCHOOL EDUCATION AND SPORTS AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the State must scrutinise each school's reimbursement claim and, where entitlement is established, pay the fees within the time‑frames directed.
Summary
Three writ petitions were filed by private schools alleging that, despite admitting students under the Right of Children to Free and Compulsory Education Act, 2009, the State of Maharashtra had not reimbursed the statutory fees. The High Court noted that similar facts existed across the petitions and that the State had a duty to process the reimbursement claims. The Court directed the State authorities to examine each school's proposal on its own merits within four weeks and, if the schools were found entitled, to disburse the fees within a further four weeks. No substantive hearing on the merits was required beyond this procedural direction. The petitions were consequently disposed with the specified timeline for compliance.
Issues considered
- What is the State's obligation under the Right of Children to Free and Compulsory Education Act, 2009 to reimburse fees to private schools admitting students?
- Does the delay in reimbursement constitute a violation of the statutory duty imposed by the Act?
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- writ petition
- statutory duty
- Maharashtra
Judgment
2026:BHC-AUG:31682-DB
*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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