Case Note & Summary
The petitioner, Progressive Convent School and Junior College Saraswati Shikshan Sanstha, through its Chairman Pradip Bhimrao Mane, filed a writ petition before the Bombay High Court at Kolhapur. The school is an unaided, self-financed institution established under the Societies Registration Act, 1860. The grievance was that despite admitting the proportionate quota of students under Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and imparting education to them, the Respondent No.6 (Education Officer, Primary, Zilla Parishad, Satara) neither released the reimbursement of fees and expenses under Section 12(2) nor responded to the proposals/claims filed by the petitioner. The petitioner followed the prescribed procedure by putting up notices, distributing forms, and drawing lots for selection. The court heard the matter finally by consent. The petitioner's counsel argued that Section 12(2) read with Section 12(2) mandates reimbursement every year. The court noted that the respondent authorities had not filed any reply. The court directed the Respondent No.6 to decide the petitioner's claims for reimbursement for the academic years 2022-23, 2023-24, and 2024-25 within four weeks from the date of the order, after verifying the claims and in accordance with the rules and circulars. The petition was disposed of accordingly.
Headnote
A) Right to Education - Reimbursement of Fees - Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009 - Mandatory Reimbursement - The petitioner-school admitted 25% quota students from economically weaker sections and claimed reimbursement. The respondent No.6 failed to release reimbursement or respond to claims. Held that the authorities are under a mandate to reimburse fees every year and must process the claims within a specified time. (Paras 1-6)
Issue of Consideration
Whether the respondent authorities are obligated to reimburse the petitioner-school for expenses incurred in providing free education to 25% quota students under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009.
Final Decision
The petition is disposed of with a direction to Respondent No.6 to decide the petitioner's claims for reimbursement for the academic years 2022-23, 2023-24, and 2024-25 within four weeks from the date of the order, after verifying the claims and in accordance with the rules and circulars.
Law Points
- Reimbursement under Section 12(2) of RTE Act is mandatory
- School must follow prescribed procedure
- Inaction by authorities is unjustified
Case Details
WRIT PETITION [ST.] NO. 27849 OF 2025
M. S. Karnik, Ajit B. Kadethankar
Ms. Laxmi R. Thakur (through V.C.) and Ms. Nutan M. Mohite for the Petitioner, Ms. T. J. Kapre, AGP for the Respondent-State
Progressive Convent School and Junior College Saraswati Shikshan Sanstha, Through its Chairman, Pradip Bhimrao Mane
The State of Maharashtra, The Commissioner of Education, Primary Directorate of Education, Pune, The Director of Education, Primary Directorate of Education, The Dy. Director Education Kolhapur Division, Kolhapur, Chief Executive Officer, Zilla Parishad, Satara, The Education Officer (Primary), Zilla Parishad, Satara
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Nature of Litigation
Writ petition seeking direction for reimbursement of fees under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009.
Remedy Sought
Petitioner school sought direction to respondent authorities to reimburse fees and expenses for 25% quota students admitted under the RTE Act.
Filing Reason
Respondent No.6 failed to release reimbursement or respond to claims despite the petitioner admitting quota students and following prescribed procedure.
Issues
Whether the respondent authorities are obligated to reimburse the petitioner-school for expenses incurred in providing free education to 25% quota students under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009.
Submissions/Arguments
Petitioner submitted that Section 12(1)(c) mandates schools to reserve 25% capacity for poor children and Section 12(2) mandates reimbursement every year.
Petitioner followed procedure by putting notices, distributing forms, and drawing lots for selection.
Respondent authorities did not file any reply.
Ratio Decidendi
Under Section 12(2) of the Right of Children to Free and Compulsory Education Act, 2009, the respondent authorities are under a mandate to reimburse the fees of students admitted under the 25% quota every year. Inaction by the authorities in processing reimbursement claims is unjustified.
Judgment Excerpts
Section 12(1)(c) of the Act of 2009 mandates the schools dispensing pre-primary education to reserve 25% of its capacity in Classes I to VIII for poor neighborhood children aged between 6 to 14 years.
Under Section 12(2) read with 12(2) of the Act of 2009, the Respondent authorities are under mandate to reimburse the fees of concerned students every year.
Procedural History
The writ petition was filed in 2025 before the Bombay High Court at Kolhapur. The court heard the matter finally by consent of parties and disposed of it on November 6, 2025.
Acts & Sections
- Right of Children to Free and Compulsory Education Act, 2009: Section 12(1)(c), Section 12(2)
- Societies Registration Act, 1860:
