Barshi Education Society Barshi Through Its Secretary Anant Gopal Kavathale v. The State Of Maharashtra Through Chief Secretary Department Of School Education And Sports Ministry

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 30 OF 2026 Barshi Education Society Barshi Through Its Secretary Anant S/o Gopal Kavathale

...Petitioner

VERSUS

The State of Maharashtra Through Chief Secretary Department of School Education And Sports Ministry & Ors.

...Respondents

...

Mr. Vivek Kabade, Advocate for Petitioner.

Mr. Ashok Misal, Advocate for Respondent Nos.4 & 5 - Zilla Parishad, Solapur.

Ms. Tejas J. Kapre, AGP for the Respondent Nos.1 to 3 - State. ...

CORAM

:

NITIN B. SURYAWANSHI, AND AJIT B. KADETHANKAR, JJ.

DATE :

16th JANUARY 2026.

P.C.

1.

It is the case of Petitioner that though Petitioner has filed proposals for reimbursement of fees for the students admitted in the quota of 25% prescribed under Right to Education Act, the fee is not reimbursed to the Petitioner.

2.

Heard learned Advocate for Petitioner, learned Advocate for Respondent Nos.4 & 5 and learned A.G.P. for Respondent Nos.1 to 3 - State.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.01.17 16:29:50 +0530 SAJAKALI LIYAKAT JAMADAR

3.

The petitioner has relied on Section 12 of the Right to Education Act, which provides for Reimbursement. Though the Petitioner has repeatedly requested the respondents to pay the amount admissible to the Petitioner, the same is not paid to the Petitioner, which is affecting the functioning of Petitioner. 4.

The Respondents shall scrutinize the case of Petitioner as regards eligibility, quantum and thereafter shall take necessary steps. 5.

Learned Advocate for the Respondents on instructions states that the case of Petitioner would be scrutinized within a period of two weeks. So as to ensure that there is no further time sought on behalf of the respondents, four weeks time is granted to the respondents. Within this period, the case of Petitioner would be scrutinized and the eligibility, quantum be determined by the Education Officer. 6.

The Education Officer shall process the proposal of the Petitioner within a period of two weeks and shall forward it to the Director. The Director shall release the amount admissible to the Petitioner within a period of four weeks, thereafter. If the Petitioner is not entitled, then the order to that effect be passed. If the Petitioner is aggrieved by total denial or partial disbursement of the amount claimed by them, it would be open for the Petitioner to take such action as is permissible in law.

7.

With the aforesaid observations and directions, Petition is disposed of.

(AJIT B. KADETHANKAR, J.) (NITIN B. SURYAWANSHI, J.)