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Bombay High Court

VRIDHESHWAR GRAMIN VIKAS PRATISHTHAN TISGAON THR ITS PRESIDENT YOGITA S RAJALE AND ANRversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The State must independently scrutinise the petitioners' reimbursement proposal and, if eligibility is established, disburse the fees within the stipulated time.

Summary

Two NGOs, Vriddheswar Gramin Vikas Pratishthan and Shri Swami Prasad Pratishthan, filed a writ petition seeking reimbursement of fees paid for students admitted under the Right to Education Act. The Court noted that the matter was already addressed in its earlier decision in Writ Petition No.6307 of 2026. Accordingly, the petition was disposed with a directive to the State of Maharashtra to independently scrutinise the petitioners' proposal on its merits. The State must render a decision 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 clear procedural timeline for fee reimbursement under the RTE Act.

Issues considered

  • Whether the State of Maharashtra is obligated to reimburse fees paid by NGOs for students admitted under the Right to Education Act
  • Whether the petitioners are eligible for such reimbursement
  • Procedural timeline for the State's scrutiny and disbursement of reimbursement

Legislation cited

Subjects

  • Right to Education
  • fee reimbursement
  • writ petition
  • state obligations
  • education law

Judgment

2026:BHC-AUG:34525-DB
                                               1                            WP.9572.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                WRIT PETITION NO.9572 OF 2026

               1. VRIDHESHWAR GRAMIN VIKAS PRATISHTHAN THROUGH ITS
                       PRESIDENT YOGITA W/O SHIVSHANKAR RAJALE
              2. SHRI SWAMI PRASAD PRATISHTHAN AHILYANAGAR THROUGH
                        ITS PRESIDENT PRASAD NANDKUMAR PAWAR
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND ORS.
                                                …
                                                ...
                 Advocate for the PetitionerS : Mr. Pokale Dnyaneshwar Bhaurao
                       AGP for Respondents/State : Ms. Neha B. Kamble
                     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 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

             Respondents to undertake the scrutiny of the Petitioners’ proposal

             independently, on its own merits and take appropriate decision as
                                 2                           WP.9572.26.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 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.)




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