Wisdom World School Hadapsar Throu. Trustee Bharat Rajkumar Agarwal v. The State Of Maharashtra Throu. Its Principal Sec. And ORS
Digitally signed by DINESH SADANAND SHERLA Date:
2025.07.11 20:02:41 +0530 DINESH SADANAND SHERLA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8049 OF 2025 Wisdom World School, Hadapsar, Pune ... Petitioner V/s.
The State of Maharashtra & Ors ... Respondents ---------------- Mr. Aditya Raktade a/w. Ms Aarti Shah for the Petitioners. Mr. N.C. Walimbe, Addl.G.P. a/w. Smt. Tanu N. Bhatia, AGP for the Respondent/State.
----------------
CORAM
:
M.S. KARNIK & N.R. BORKAR, J.J.
DATE :
11th JULY, 2025.
P.C.
1.
Heard learned counsel for the petitioners and the learned A.G.P. for the respondent/State.
2.
According to the petitioners - institutions, they are entitled to reimbursement of fees for the students admitted against the quota of 25 % as per the provisions of Right of Children to Free and Compulsory Education Act, 2009 ('the Act" for the short). However, they have not been paid the said amount. The prayers in the petition read thus: "a) That this Hon'ble Court be pleased to issue a writ of mandamus or order or direction to Respondent Nos.1 to 3, the State of Maharashtra and others, be directed to release and pay the outstanding amounts towards reimbursement of fees for the students admitted in 25% RTE quota in petitioner schools as per the amounts specified in the chart at EXHIBIT-A within a period of Three Months from the date of order.
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(b) By a writ of mandamus or by a suitable writ, order or direction to Respondent Nos. 1 to 3, the State of Maharashtra and others, be directed to ensure reimbursement of fees of the students admitted in 25% RTE quota in petitioner school in two instalments, first being on 30th October and second being on 30th April in each academic year from the year 2015-2025 onwards without any default/delay.
(c) By a suitable writ, order or direction interim respondent Nos. 1 to 3, State of Maharashtra be directed to reimburse at least 50% of the outstanding amounts as mentioned in the chart at EXHIBIT A to Petitioner School. (d) Ad interim reliefs in terms of prayer clause (b) and (c) may kindly be granted.
(e) Grant any other relief, including costs, which this Hon'ble court may deem fit in the facts and circumstances of the case."
3.
In an identical petition, this Court by order dated 10th June 2025 in Writ Petition No. 6128 of 2025 directed the authority concerned to scrutinize the proposal for the reimbursement to the petitioners therein and if they are found to be entitled to some amount, the same shall be reimbursed to them.
4.
We are, therefore, inclined to pass the similar order in the present petition.
5.
The respondents shall scrutinize the proposal of petitioners for reimbursement and if they are found to be entitled to some amount, the same shall be reimbursed to them. However, in case the petitioners are not found to be 2/3
entitled, then they shall be communicated the reasons therefor for their non-entitlement for the amount they are claiming. The said exercise shall be done within a period of eight weeks from today.
6.
The petition is disposed of in the aforesaid terms. (N.R. BORKAR, J.) (M.S. KARNIK, J.) 3/3