High Court Directs State to Expedite Scrutiny and Reimbursement of Fees Under Right to Education Act, 2009 in Four Consolidated Writ Petitions Filed by Educational Institutions

Sub Category: Bombay High Court Bench: AURANGABAD
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Case Note & Summary

The High Court disposed of four writ petitions filed by educational institutions seeking reimbursement of fees for 25% students admitted under Right of Children to Free and Compulsory Education Act, 2009. The Court directed the State authorities to independently scrutinize the reimbursement proposals within four weeks and, if entitled, disburse the reimbursement amounts within four weeks thereafter. The Court emphasized expeditious decision-making and proper scrutiny of the proposals on their merits.

Headnote

The High Court of Judicature at Bombay Bench at Aurangabad disposed of four writ petitions filed by educational institutions seeking reimbursement of fees for 25% students admitted under Right of Children to Free and Compulsory Education Act, 2009 -- The Court directed respondents to undertake independent scrutiny of petitioners' proposals on their own merits -- Appropriate decisions to be taken as expeditiously as possible within four weeks -- If petitioners found entitled to reimbursement, disbursement to be made within four weeks thereafter -- Notices were issued and waived by respective advocates for respondents -- The petitions were heard and disposed of with directions for timely action

Issue of Consideration: The Issue of reimbursement of fees for 25% students admitted under Right of Children to Free and Compulsory Education Act, 2009

Final Decision

The Court disposed of all four writ petitions with directions to respondents to undertake independent scrutiny of petitioners' proposals within four weeks and, if entitled, disburse reimbursement amounts within four weeks thereafter

2026 LawText (BOM) (02) 77

Writ Petition No.1745 of 2026, Writ Petition No.1746 of 2026, Writ Petition No.1747 of 2026, Writ Petition No.1748 of 2026

2026-02-12

Smt. Vibha Kankanwadi J. , Hiten S. Venegavkar J.

2026:BHC-AUG:6561-DB

Mr. D. B. Pokale, Mr. R. S. Wani, Mr. P. D. Suryawanshi, Ms. N. B. Kamble, Mr. A. R. Nikam, Mr. V. M. Kagne, Mr. A. M. Phule, Mr. S. B. Pulkundwar

Kai. Jijabhau Bahuudeshiy Sevabhavi Sanstha Indalkarwadi Thr Its President And Others, Balaji Education Society Gangakhed District Parbhani Thr Its President, Adhar Foundation Georai Thr Its Secretary, Shri Sant Dnyaneshwar Maharaj Shikshan Prasarak Mandal Through Its Secretary

The State Of Maharashtra Through Its Secretary And Others

Nature of Litigation: Writ petitions filed under Article 226 of Constitution of India seeking enforcement of statutory rights under Right of Children to Free and Compulsory Education Act, 2009

Remedy Sought

Petitioners sought reimbursement of fees for 25% students admitted under RTE Act provisions

Filing Reason

Educational institutions claimed entitlement to reimbursement under Section 12(1)(c) of RTE Act for admitting 25% students from economically weaker sections

Previous Decisions

No previous decisions mentioned in the judgment

Issues

Whether petitioners are entitled to reimbursement of fees for 25% students admitted under Right of Children to Free and Compulsory Education Act, 2009 What is the appropriate procedure and timeline for scrutiny and disbursement of reimbursement claims

Submissions/Arguments

Petitioners claimed entitlement to reimbursement under RTE Act provisions State authorities needed to scrutinize proposals independently Timely disbursement was essential for compliance with statutory obligations

Ratio Decidendi

State authorities must independently scrutinize reimbursement proposals under RTE Act on their merits and make expeditious decisions with reasonable timelines for disbursement to ensure effective implementation of statutory rights

Judgment Excerpts

These are the petitions of reimbursement of fees in respect of 25% students admitted by the petitioner/management under the Right of Children to Free and Compulsory Education Act, 2009 We dispose of these writ petitions by directing the respondents to undertake scrutiny of petitioners' proposal independently on their own merits and take appropriate decision as expeditiously as possible and in any case, within a period of (04) weeks from today and if the petitioners are found entitled to get reimbursement, shall disburse the money to the petitioners within a period of four weeks thereafter

Procedural History

Four writ petitions were filed seeking reimbursement under RTE Act -- Notices were issued and waived by respective advocates -- Petitions were heard by the Court -- Court disposed of petitions with specific directions for scrutiny and disbursement

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