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Bombay High Court

AMRUTDNYAN SEVABHAVI SANSTHA BASMAT THR ITS PRESIDENT PRADEEP A CHAVANversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court directed the State to independently scrutinize the petitioner’s proposal and, if found eligible, to reimburse the fees within the prescribed time limits.

Summary

The petitioner, Amrutdnyan Sevabhavi Sanstha Basmati, sought reimbursement of fees paid for students admitted under the Right to Education Act. The High Court noted that the matter was already decided in Writ Petition No.6307 of 2026, which addressed the same issue. Accordingly, the Court disposed of the present petition, directing the State to independently scrutinize the petitioner’s proposal on its merits. If the petitioner is found eligible, the Court ordered that reimbursement be paid within four weeks of the decision. The Court also set a four‑week deadline for the State to complete its scrutiny after receiving a copy of the order.

Issues considered

  • Whether the petitioner is entitled to reimbursement of fees under the Right to Education Act
  • Whether the State must conduct an independent scrutiny of the petitioner’s proposal before deciding on reimbursement

Legislation cited

Subjects

  • fee reimbursement
  • Right to Education Act
  • high court
  • scrutiny
  • admission
  • petition disposal

Judgment

2026:BHC-AUG:34528-DB
                                           1                             903.WP.9511.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                WRIT PETITION NO. 9511 OF 2026

                  AMRUTDNYAN SEVABHAVI SANSTHA BASMAT THROUGH ITS
                        PRESIDENT PRADEEP ANANTRAO CHAVAN
                                      VERSUS
                        THE STATE OF MAHARASHTRA THROUGH
                             ITS SECRETARY AND OTHERS

                                                 ...
                  Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao
                          AGP for Respondents/State : Mr. V.M. Kagne
                     Advocate for Respondent No.4 : Mr. S.B. Phulkundwar
                                                 ...

                                   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
                              2                             903.WP.9511.26.odt

expeditiously as possible and in any case, within a period of four

weeks from the date of 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.)




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