← Library
Bombay High CourtWP/8003/2025disposed off

Vaishwik Manav Seva Sanstha Through Its Presidenty v. The State Of Maharashtra Through Its Secretarya Nd Others

2025-07-31Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Hiten S. Venegavkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8003 OF 2025 Vaishwik Manav Seva Sanstha Through Its President

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

AND WRIT PETITION NO. 8005 OF 2025 Mahatma Gandhi Gramin Vikas Pratisthan Majalgaon Through Its President

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

AND WRIT PETITION NO. 8006 OF 2025 Vaishwik Manav Seva Sanstha Through Its President

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Adwait Milind Joshi h/f Mr. Joshi Milind Madhu, for Petitioners.  Mr. A. B. Girase, GP for Respondent Nos.1 to 3 in WP/8003/2025  Ms. S. S. Joshi, AGP for Respondent Nos.1 to 3 in WP/8005/2025 and WP/8006/2025.

 Mr. Dheple Shantaram Ravji, for Respondent No.4. *** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 31st JULY 2025.

P. C. :

1.

Heard learned counsel for the petitioners in these petitions.

2.

The petitioners claim reimbursement from the respondent under the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

3.

In these matters we have seen a propensity of institutions to knock the door of the Writ Court in recent times claiming such reimbursement going back to the point in time, when the aforesaid Act became applicable and the cause for seeking reimbursement arose for such institutions like the petitioners.

4.

We are of the opinion that even if the claim of the petitioners is that only part payments were made and entire payments due were not released, the institutions like the petitioners herein clearly knew the point in time when the cause of action arose for them to seek such relief of reimbursement / part reimbursement. 5.

Therefore, we are inclined to issue notice limiting the claim of the petitioners to the past three years up till the date of filing of the present writ petitions.

6.

In view of the above, issue limited notice as regards relief sought by the petitioners restricted to the past three years, returnable on 18th September 2025.

7.

Learned AGP waives notice on behalf of the respondent Nos.1 to 3.

8.

Mr. Dheple, learned counsel waives notice on behalf of respondent No.4.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.)