Case Note & Summary
The petitioners, a school management running Chhatrapati Sambhaji Maharaj Charitable Trust's English Medium School, filed a writ petition before the Bombay High Court at Kolhapur seeking reimbursement of fees/expenses under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The school had admitted students under Section 12 of the RTE Act, which mandates that private unaided schools reserve 25% of seats for children from disadvantaged groups and weaker sections, with the State reimbursing the school for the expenses. The petitioners submitted their reimbursement claims on 10th June 2024 and 28th October 2025 to the Education Officer (Primary), Zilla Parishad, Satara, and consistently reminded the authority, but no action was taken. The grievance was that despite admitting adequate students and imparting education, the school was deprived of reimbursement, frustrating the purpose of the social beneficial scheme. The court considered the legal issue of whether the Education Officer is obligated to process reimbursement claims within a reasonable time. The petitioners relied on a recent judgment of the same bench in Progressive Convent School & Junior College Vs. State, decided on 6th November 2025, where similar directions were issued. The court, after hearing the counsel for the petitioners, the Union of India, the State, and the Education Officer, observed that the authority must consider and decide the claims within a stipulated period. The court directed the Education Officer (Primary), Zilla Parishad, Satara, to decide the petitioners' claims within four weeks from the date of the order, in accordance with law. The writ petition was disposed of with these directions.
Headnote
A) Right to Education - Reimbursement of Fees - Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 - The school management admitted students under Section 12 of the RTE Act and submitted reimbursement claims, but the Education Officer failed to process them. The Court held that the authority must consider and decide the claims within a stipulated period, as delay frustrates the purpose of the social beneficial scheme. (Paras 1-6) B) Right to Education - Duty of State - Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 - The State is obligated to reimburse schools for expenses incurred in providing free education to children from disadvantaged groups. The Court directed the Education Officer to decide the petitioners' claims within four weeks, following the precedent in Progressive Convent School & Junior College Vs. State. (Paras 4-6)
Issue of Consideration
Whether the school management is entitled to reimbursement of fees/expenses under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 for students admitted under Section 12, and whether the Education Officer is obligated to process and credit the reimbursement claims within a reasonable time.
Final Decision
The court directed the Education Officer (Primary), Zilla Parishad, Satara, to decide the petitioners' claims within four weeks from the date of the order, in accordance with law. The writ petition was disposed of.
Law Points
- Right to Free and Compulsory Education Act
- 2009
- Section 12(2)
- reimbursement of fees
- duty of State to reimburse
- social beneficial scheme
