Disposed

Scholars Convent Phuses High School, Thr. Its Head Master and Ors. v. State of Maha., Thr. Its Sec. School Education and Sports Dept. and Ors.

Bombay HC27 Aug 2026WP/6578/2026

Case brief

AI extract

What is this about?

The Nagpur Bench disposed of a writ petition claiming non-reimbursement of fees under the RTE Act. The court directed the State to scrutinize the case and refund the amount within a timeline.

What did the court decide?

Directions to the State Government to scrutinize the claim and determine eligibility and quantum within four weeks, with the release of admissible amount within two weeks thereafter.

Scholars Convent Phuses High School, Thr. Its Head… — Service and Employment | Bombay HC (2026)

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2026:BHC-NAG:11143-DB

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110.wp.6578.2026.odt

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

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WRIT PETITION NO. 6578 OF 2026

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Scholars Convent Phuse’s High School, through its Head Master and others

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.Vs.

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The State of Maharashtra and others

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

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Mr I. K. Daudasare, Advocate for the petitioner/s Ms Mayuri Deshmukh, AGP for respondent Nos. 1 to 3/State

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CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATED : 27th AUGUST, 2026

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Heard the learned counsel for the petitioners and the learned Assistant Government Pleader.

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The contention is that the petitioners are schools within the meaning of clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009. Section 12(2) of the Act mandates the reimbursement of the fees incurred by such petitioner-schools towards the expenses incurred in imparting education to 25% of its quota which is sponsored by the State Government. It is claimed that reimbursement of fees is not made since 2012-13 to 20252026. It is further brought to our notice that the similar issue felt for consideration before the Principal Seat and also at Aurangabad Bench in Writ Petition No.7672 of 2022 (Vivekananda Academy of Human Excellence, Chimangaon Vs. State of Maharashtra and others) with connected matters decided on 21^st September, 2023 and in Writ Petition

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110.wp.6578.2026.odt

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No.3094 of 2024 (Maharashtra Bahuudeshiya Samajik Sanstha, Jalna and another Vs. The State of Maharashtra and others) decided on 20^th March, 2024 at Aurangabad Bench.

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As such it is claimed that the petition be disposed of with direction to the respondent-State Government to cause scrutiny of the claim put forth by the petitioners.

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Our attention is invited to the observations made at Principal Seat in para 4 which reads thus :

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“4. The Respondents will have to scrutinize case of the Petitioner as regards eligibility, quantum and thereafter will have to take necessary steps. Learned AGP on instructions states that cases of each of the 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, we grant four weeks time to the Respondents. Within this period the case of each of the Petitioner would be scrutinized and the eligibility, quantum be determined by the concerned Respondent. The amount admissible to the Petitioners should be released within a period of 2 weeks thereafter. If the Petitioners are not entitled then the order to that effect be passed. If the Petitioners are aggrieved by total denial or partial dis-imbursement of the amount claimed by them, it is open to them to take such action as is permissible in law.”

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We grant four weeks’ time to the respondents to scrutinize case of each of the petitioners as regards eligibility, quantum and to take necessary steps. Within this period, the case of each of the petitioners should be scrutinized and the

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110.wp.6578.2026.odt

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eligibility, quantum be determined by the concerned respondent.

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The amount admissible to the petitioners should be released within a period of two weeks thereafter. If the petitioners are not entitled then the order to that effect be passed. If the petitioners are aggrieved by total denial or partial disbursement of the amount claimed by them, it is open to them to take such action as is permissible in law.

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With all these observations, the writ petition stands disposed of. Pending applications, if any, also stand disposed of. No costs.

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[RAJNISH R. VYAS, J] [ANIL S. KILOR, J.]

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Namrata

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Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 27/08/2026 16:39:20

Scholars Convent Phuses High School, Thr. Its Head Master and Ors. v. State of Maha., Thr. Its Sec. School Education and Sports Dept. and Ors.

Case brief

What is this about?

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Scholars Convent Phuses High School, Thr. Its Head Master and Ors. v. State of Maha., Thr. Its Sec. School Education and Sports Dept. and Ors.

Case brief

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What did the court decide?

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