Shri Ganesh Bahuudeshiya Shikshan Sanstha, Mogra, Thr. President and Another vs State of Maharashtra, Thr. Secretary, Dept. of School Education, Mumbai and Ors. — Bombay HC (2026) — LawSathi Research

Shri Ganesh Bahuudeshiya Shikshan Sanstha, Mogra, Thr. President and Another vs State of Maharashtra, Thr. Secretary, Dept. of School Education, Mumbai and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the concerned Authorities to scrutinise the petitioners' case within four weeks, determine the eligibility quantum due, reimburse the same within twelve weeks thereafter if the petitioners are found entitled, and otherwise communicate the reasons for non-entitlement within two weeks thereafter; petition disposed of accordingly.

Issue for consideration

Whether the petitioners' case should be scrutinised and the eligibility quantum determined for reimbursement of outstanding fees for students admitted under the 25% RTE quota and for benefits due to Petitioner No.2 School under the RTE Act.

Court's answer

In light of the aforesaid judgments, this Court directed that the case of the petitioners be scrutinised by the concerned Authorities within four weeks and the eligibility quantum to which the petitioners are entitled be determined by those Authorities.

Ratio / Principle

If the petitioners are found entitled to the same amount, it shall be reimbursed to them within twelve weeks thereafter.

Key takeaways

If the petitioners are not found entitled, the reasons for their non-entitlement to the amount claimed shall be communicated to them within two weeks thereafter.ratio¶23

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Nagpur — Writ Petition No. 3670 of 2026 — Shri Ganesh Bahuudeshiya Shikshan Sanstha, Mogra, Thr. President and Anr. v. State of Maharashtra, Thr. Secretary, Dept. of School Education, Mumbai and Ors. — Coram: Anil S. Kilor and Raj D. Wakode, JJ. — Decided 7th May, 2026. The petitioner educational trust sought directions to the respondents to release and pay outstanding amounts towards reimbursement of fees for students admitted under the 25% RTE quota in Petitioner No.2 School and to extend all benefits due under the RTE Act. Relying on its earlier decisions in Writ Petition No.2819 of 2021 (16.10.2023) and Writ Petition No.5825 of 2024 with connected Writ Petition Nos.5826 and 5827 of 2024 (09.10.2024), the Court directed that the petitioners' case be scrutinised by the concerned Authorities within four weeks and the eligibility quantum be determined; if found entitled, the same amount is to be reimbursed within twelve weeks thereafter, failing which the reasons for non-entitlement are to be communicated within two weeks thereafter. With these directions, the petition was disposed of.

2026:BHC-NAG:7171-DB

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3-WP-3670-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

WRIT PETITION NO. 3670 OF 2026

Shri Ganesh Bahuudeshiya Shikshan Sanstha, Mogra, Thr. President and Anr.

Vs.

State of Maharashtra, Thr. Secretary, Dept. of School Education, Mumbai and Ors.

Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

Mr. Sanket Joshi, Advocate for the Petitioners. Mr. H.D. Marathe, AGP, for Respondent Nos.1, 3, 4 and 5/State.

CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 7 th MAY, 2026.

Heard learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos.1, 3, 4 and 5.

In the present petition, the following prayers are made:

“A. Direct the Respondent No.1 to 7 to release and pay the outstanding amounts towards reimbursement of fees for the students admitted under 25% of the RTE quota in Petition No.2 School.

B. Direct the Respondent No.1 to 7 to provide to the Petitioner No.2 School all such benefits as may be due to it under the RTE Act.

C. Grant any other relief as this Hon’ble Court may deem fit in the facts and circumstances of the case and in the interest of Justice.”

MJ Jadhav

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3-WP-3670-2026.odt

The learned counsel for the petitioners points out that a similar issue has been decided by this Court in Writ Petition No.2819 of 2021 on 16^th October, 2023, so also in Writ Petition No.5825 of 2024 with connected Writ Petition Nos.5826 of 2024 and 5827 of 2024 on 9^th October, 2024. He, therefore, requests this Court to extend the similar benefit to the petitioners.

In light of the aforesaid judgments, we direct that the case of the petitioners shall be scrutinized by the Authorities concerned within a period of four weeks from today and the eligibility quantum be determined by the concerned Authorities, to which the petitioners are entitled.

If the petitioners are found to be entitled to the same amount, same shall be reimbursed to them within a period of twelve weeks thereafter.

However, in case, the petitioners are not found to be entitled to, they shall be communicated the reasons for their non-entitlement for the amount, which they are claiming, within a period of two weeks thereafter.

With these directions, the petition is disposed of.

( RAJ D. WAKODE, J.) (ANIL S. KILOR, J.)

MJ Jadhav