Dhanwantari Shikshan And Samajik ... vs The State Of Maharashtra And ...
2016 Latest Caselaw 2405 Bom

                                         (1)                W.P. No. 1744 of 2016




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




                                                                          
                             Writ Petition No. 1744 of 2016




                                                  
                                                     District : Latur
                                      
    Dhanwantari Shikshan &
    Samajik Pratisthan's




                                                 
    Saint Tukaram Institute of Nursing
    Education, Ahmedpur,
    Lecture Colony, Thodga Road,
    Ahmedpur, Taluka : Ahmedpur,
    District : Latur,




                                         
    Through its President,
    Dr. Hanumant s/o. Rambhau Jadhavar,
                               
    Age : 57 years, 
    Occupation : Service,
    R/o. Jadhavar Building,
                              
    Near Trimurti Hospital,
    Pune - 64.                                       .. Petitioner. 

              versus
      

    1. The State of Maharashtra,
       Through its Secretary,
   



       Medical Education and
       Drugs Department,
       Mantralaya, Mumbai - 32.

    2. The Secretary,





       Social Justice & Special 
       Assistance Department,
       Maharashtra State,
       Mumbai.

    3. The Commissioner,





       Social Welfare Department,
       Maharashtra State, Mumbai. 

    4. The Director,
       V.J.N.T., O.B.C. & S.B.C.,
       Social Welfare Department,
       Maharashtra State, Pune - 1.                  .. Respondents. 




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                                           (2)                    W.P. No. 1744 of 2016


                                        ............

             Mr. K.D. Bade Patil, Advocate, for the petitioner.




                                                                               
             Mr. S.K. Kadam, Asst. Government Pleader, for
             respondent nos.1 to 4. 




                                                       
                                        ............

                                        CORAM : S.S. SHINDE  &




                                                      
                                                SANGITRAO S. PATIL, JJ.

DATE : 6TH MAY 2016

ORAL JUDGMENT (Per S.S. Shinde, J.):

Heard.

2. The learned Counsel appearing for the

petitioner submits that the court-fees which will be

calculated by the concerned Section of the Registry

will be deposited by the petitioners within a period

of three weeks from today.

3. Rule. Rule made returnable forthwith. By the

consent of the parties, the petition is taken up for

final hearing.

4. The learned Counsel for the petitioner, on

written instructions received by him from the

(3) W.P. No. 1744 of 2016

petitioner, submits that in all there are 55 students

for which the petitioner is seeking reimbursement of

fees from the State Government for the academic years

2011-12, 2012-13 and 2013-14. He further states that

all the students belong to Scheduled Caste category

and relief claimed in the petition is also restricted

to the said category.

5. We have heard Mr.Bade-Patil, learned counsel

for the petitioner. The contention of the petitioner

is that for the period prior to 2010-2011, the

petitioner was granted reimbursement of the tuition

fees and other fees of S.C. and S.T. category

candidates in respect of ANM and GNM course. According

to the learned counsel, reimbursement of the fee for

the years 2011-12, 2012-13 and 2013-14 has been

illegally withheld and the petitioner is entitled for

the same.

6. Mr. Kadam, the learned Assistant Government

Pleader submits that in view of clause (9) of the

Government Resolution dated 21st March, 2005, as the

(4) W.P. No. 1744 of 2016

petitioner had not obtained permission of the

Government, the reimbursement of the fees was not

granted.

7. We have considered the submissions canvassed

by the learned counsel for the respective parties.

Clause (9) of the Government Resolution dated 21 st

March, 2005 has been held to be ultra virus and

illegal by the Division Bench of this Court in P.I.L.

No. 72 of 2013. When the said clause itself has been

set aside and held to be illegal and not in consonance

with the statute, only because the said P.I.L. was

pending, the State would not be entitled to withhold

reimbursement of the fees. The condition of

suitability certificate is imposed vide Government

Resolution dated 27.3.2014. The prayer of the

petitioner with regard to reimbursement of fees is for

the years 2011-12, 2012-13 and 2013-14. The State is

at liberty to verify the entitlement of the present

petitioner keeping in view the Government policy, for

reimbursement of the fees and other factual

particulars. We have not expressed any opinion on

(5) W.P. No. 1744 of 2016

merit of the petition.

8. In light of the above, the respondent - State

is directed to consider the prayer for reimbursement

of the tuition fees/examination fees of the approved

students of the petitioner - Institute for Scheduled

Caste category students of ANM/GNM course admitted for

the academic years 2011-12, 2012-13 and 2013-14,

expeditiously, preferably within three (03) months

from today.

9. Rule accordingly made absolute in above

terms. No costs.

   



              (SANGITRAO S. PATIL)         (S.S. SHINDE) 
                      JUDGE                    JUDGE    





                                        ..........

     puranik / WP1744.16