Bombay High Court
BRILLIANT KIDS ENGLISH SCHOOL THR ITS SECRETARY SUNIL J MAGAR AND ANRversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed, directing the State to examine the reimbursement claim independently and act within stipulated timeframes.
Summary
The petitioners, two educational institutions, filed a writ petition seeking reimbursement of fees paid for students admitted under the Right to Education Act. The Court observed that the matter had already been addressed in its earlier decision in Writ Petition No.6307 of 2026. Accordingly, the Court disposed of the present petition, directing the State respondents to independently scrutinize the petitioners' reimbursement proposal on its merits. The State must decide within four weeks of receiving the Court's copy and, if the petitioners are found eligible, disburse the reimbursement within a further four weeks. The order thus provides a procedural directive rather than a substantive ruling on the entitlement itself.
Issues considered
- Whether the petitioners are entitled to reimbursement of fees under the Right to Education Act for students admitted to their schools.
Legislation cited
Subjects
- Right to Education
- fee reimbursement
- educational institution
- writ petition
- judicial direction
Judgment
2026:BHC-AUG:34856-DB
1 906.WP.9515.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9515 OF 2026
1. BRILLIANT KIDS ENGLISH SCHOOL AURANGABAD
THROUGH ITS SECRETARY SUNIL JAGANNATH MAGAR
2. AURANGABAD KHATRI ALPBHASHIK SHIKSHAN
SANSTHA AURANGABAD THROUGH ITS SECRETARY
SUNIL JAGANNATH MAGAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Pokale Dnyaneshwar Bhaurao
AGP for Respondents/State : Mr. S.R. Wakale
Advocate for Respondent No.4 : Mr. S.R. Dheple
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 06.08.2026
PER COURT:
1. By this Petition, the Petitioners seek reimbursement of fees
in respect of students admitted by the Petitioners – Managements,
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
2 906.WP.9515.26.odt
Respondents to undertake the scrutiny of the Petitioners’ 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 receipt of copy of this Court. If the Petitioners
are found eligible to get reimbursement, the same shall be disbursed to
the Petitioners within a period of four weeks thereafter.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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