Bombay High Court
SWAMI SAMARTH BAHUUDDESHIYA SHIKSHAN PRASARAK MANDAL UJANI THR ITS SECRETARY KISHOR R JAJUversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court directed the respondents to independently scrutinise the petitioner’s proposal and, if eligibility is established, to disburse the reimbursement within four weeks.
Summary
The petitioner, Swami Samarth Bahuddeshiya Shikshan Prasarak Mandal Ujani, filed a writ petition seeking reimbursement of fees for students admitted under the Right to Education Act. The court noted that the matter was already covered by its earlier decision in Writ Petition No.6307 of 2026. Accordingly, the petition was disposed of by directing the respondents, the State of Maharashtra, to independently scrutinise the petitioner’s proposal on its merits and decide within four weeks of receiving the court’s copy. If the petitioner is found eligible, the court ordered that the reimbursement be paid within a further four weeks. The judgment thus provides a procedural directive rather than a substantive ruling on eligibility.
Issues considered
- Whether the petitioner is eligible for reimbursement of fees under the Right to Education Act
- Whether the respondents must independently scrutinise the petitioner’s proposal and decide within a stipulated time
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- Writ petition
- Education funding
- Procedural direction
Judgment
2026:BHC-AUG:34527-DB
1 902.WP.9501.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
902 WRIT PETITION NO. 9501 OF 2026
SHRI SWAMI SAMARTH BAHUUDDESHIYA SHIKSHAN PRASARAK
MANDAL UJANI THROUGH ITS SECRETARY KISHOR RANGLAL JAJU
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao
AGP for Respondents: Ms. Kalpalata Patil Bharaswadkar
Advocate for Respondent No.4 : Mr. U.B. Bondar
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 06.08.2026
PER COURT:
1. By this Petition, the Petitioner seeks reimbursement of fees in
respect of students admitted by the Petitioner – Management, under the Right
to Education Act.
2. Indisputably, the issue raised in this Petition is squarely covered by
the decision of this Court dated 24 th June, 2026 in Writ Petition No.6307 of
2026.
3. The Writ Petition is, therefore, disposed of by directing the
Respondents to undertake the scrutiny of the Petitioner’s proposal
independently, on its own merits and take appropriate decision as expeditiously
as possible and in any case, within a period of four weeks from the date of
2 902.WP.9501.26.odt
receipt of copy of this Court. If the Petitioner is found eligible to get
reimbursement, the same shall be disbursed to the Petitioner within a period of
four weeks thereafter.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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