Case Note & Summary
The petitioners, Shree Mahalaxmi English Medium School and Chhatrapati Sambhaji Maharaj Charitable Trust, filed a writ petition before the Bombay High Court at Kolhapur seeking reimbursement of fees under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009. The school had admitted students under the RTE Act and submitted reimbursement claims to the Education Officer on 12th July 2021, 30th January 2024, and 28th October 2025, but the officer failed to process or credit the reimbursement. The petitioners argued that the delay frustrated the purpose of the social beneficial scheme. The court, relying on its earlier decision in Progressive Convent School & Junior College v. State, directed the Education Officer to decide the claims within six weeks from the date of the order, after giving an opportunity of hearing to the petitioners. The court disposed of the writ petition with no order as to costs.
Headnote
A) Right to Education - Reimbursement of Fees - Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 - The petitioners, a school management, admitted students under the RTE Act and submitted reimbursement claims on 12th July 2021, 30th January 2024, and 28th October 2025, but the Education Officer failed to process them. The court held that the authority must decide the claims within six weeks, as the purpose of the social beneficial scheme would be frustrated if claims are not processed. (Paras 1-6)
Issue of Consideration
Whether the Education Officer is obligated to decide and disburse reimbursement claims under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 within a reasonable time.
Final Decision
The court disposed of the writ petition directing the Education Officer (Primary), Zilla Parishad, Satara to decide the petitioners' claims for reimbursement under Section 12(2) of the RTE Act within six weeks from the date of the order, after giving an opportunity of hearing to the petitioners. No order as to costs.
Law Points
- Reimbursement under Section 12(2) of RTE Act
- 2009
- Duty of Education Officer to decide claims
- Social beneficial scheme
- Mandamus for expeditious disposal
Case Details
2025 LawText (BOM) (11) 203
Writ Petition No. 12238 of 2025
M. S. Karnik, Ajit B. Kadethankar
Mr. Ajit J. Kenjale (through V.C.) a/w Adv. Sai Rajendra Kadam for Petitioners, Adv. Vijay Killedar for Respondent No.1 – UOI, Ms. T. J. Kapre, A.G.P. for Respondent Nos.2 & 4-State, Adv. Pankaj Deokar for Respondent No.3
Shree Mahalaxmi English Medium School and Chhatrapati Sambhaji Maharaj Charitable Trust
Union of India, State of Maharashtra, Education Officer (Primary), Zilla Parishad, Satara, and Dy. Director, Education Department, Kolhapur Division
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Nature of Litigation
Writ petition seeking reimbursement of fees under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009.
Remedy Sought
Petitioners sought a direction to the Education Officer to decide and disburse reimbursement claims for students admitted under the RTE Act.
Filing Reason
The Education Officer failed to process reimbursement claims submitted on 12th July 2021, 30th January 2024, and 28th October 2025.
Previous Decisions
The court relied on its earlier judgment in Progressive Convent School & Junior College v. State, decided on 6th November 2025.
Issues
Whether the Education Officer is obligated to decide reimbursement claims under Section 12(2) of the RTE Act within a reasonable time.
Submissions/Arguments
Petitioners submitted that they admitted students under the RTE Act and submitted claims on 12th July 2021, 30th January 2024, and 28th October 2025, but the Education Officer did not credit the reimbursement.
Petitioners argued that the delay frustrates the purpose of the social beneficial scheme.
Ratio Decidendi
The Education Officer must decide reimbursement claims under Section 12(2) of the RTE Act within a reasonable time to fulfill the purpose of the social beneficial scheme; otherwise, the scheme would be frustrated.
Judgment Excerpts
The grievance of the Petitioners is that, even after admitting adequate number of students under the 2009 Act and having imparted education to them respectively, the Petitioners are still deprived of the reimbursement of fees/expenses against such students U/s 12(2) of the 2009 Act.
The Petitioners submit that if the Authority merely sits on the claims, the very purpose of the social beneficial scheme endorsed in the 2009 Act would stand frustrated.
Procedural History
The writ petition was filed on an unspecified date before the Bombay High Court at Kolhapur. The court heard the matter and delivered judgment on 17th November 2025.
Acts & Sections
- Right of Children to Free and Compulsory Education Act, 2009: Section 12, Section 12(2)
