Gondia Homoeopathic Education ... vs State Of Maharashtra & Another
2017 Latest Caselaw 3049 Bom

                                                    1                                 Judg. wp 3599.00.odt 

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

                                       Writ Petition No.3599 of 2000

              Gondia Homoeopathic Education Society
              through its Secretary 
              Dr. Radheshyam Harishchandra Agrawal,
              Ganj Bazar, Gondia, District Gondia.                        .... Petitioner.
                                                               -Versus-

              1]       State of Maharashtra
                       through its Secretary,
                       Medical Education and Drugs Department, 
                       Mantralaya, Mumbai-32.

              2]      Maharashtra University of Health Sciences, 
                      Gangapur Road, Nashik (Maharashtra).         .... Respondents.
              -----------------------------------------------------------------------------------
              Shri N.S. Rao, Assistant Government Pleader for respondent no.1.
              Shri S.M. Ukey, Advocate for respondent no.2.
              None for petitioner.
               -----------------------------------------------------------------------------------
               Coram : R. K. Deshpande & 
                             Mrs. Swapna Joshi, JJ.

               Dated  : 12    June, 2017
                              th
                                           

              ORAL JUDGMENT (Per R. K. Deshpande, J.)

This petition seeks direction to the respondents to consider the

application of the petitioner for grant of permission to start the

Dental College at Gondia in the academic session 2000-2001. In the

alternative the relief is claimed to direct the respondents to consider

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the said application for the academic session 2001-2002. Further

alternatively the direction is sought to refund an amount of

Rs. 2,25,000/- paid by the petitioner to the respondents towards the

processing charges for grant of permission, along with interest at the

rate of 18% per annum till actual realization.

2] The matter was listed before this Court for final hearing on

08-06-2017. No one appeared for the petitioner. It was adjourned

today. No one appears for the petitioner today also.

3] We have heard Shri Rao, the learned Assistant Government

Pleader for respondent no.1 and Shri Ukey, the learned Counsel for

respondent no.2. At this stage, Shri Dharaskar, the learned Counsel

holding for Shri Anand Parchure, Advocate appears and submits that

the brief has been returned to the petitioner. No one appears for the

petitioner.

4] It is not in dispute that the petitioner has paid an amount of

Rs.75,000/- to the State Government and an amount of Rs.1,50,000/-

to the respondent University for processing the application for grant

of permission to open the Dental College at Gondia during the

academic Sessions 1999-2000 and 2000-2001. The application of the

petitioner was processed by the respondent University and it was

3 Judg. wp 3599.00.odt

forwarded to the State Government. The respondent University

though rejected the claim of the petitioner for grant of permission, it

was forwarded to the State Government on both the occasions.

According to the stand taken by the State Government, the petitioner

has paid an amount of Rs.75,000/-. It is appropriated towards the

inspection fee and the said amount was non-refundable. Upon

inspection being done, the claim of the petitioner for grant of

permission was not accepted.

5] According to the respondent no.2 University, the petitioner

deposited an amount of Rs.1,00,000/- for processing the application

made in the year 1999-2000. The inspection fee was deducted of

Rs.50,000/- by the University having processed the application, and a

balance amount of Rs.50,000/- was refunded to the petitioner. This

is the statement which appears in paragraph 4 of the submission filed

by the University giving the number of cheque as 248449 dated

01-01-2001. Instead of depositing an amount of Rs.1,00,000/- with

the University for processing the application for the academic

session 2000-2001, the petitioner deposited an amount of Rs.

50,000/- only. The same has been appropriated by the University

towards the processing charges and according to the University there

was no question of refund of the processing fee which has been

utilized. It is nowhere the case of the petitioner in the petition that

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the amount paid by the petitioner was refundable. We do not find

that it is a case of unjust enrichment. The amount paid by the

petitioner was appropriated towards the inspection charges by the

State Government as well as by the University. There is nothing to

show that amount paid was refundable and therefore we do not find

any substance in the claim of the petitioner for refund of the amount.

In the result, the Writ Petition is dismissed. No order as to costs.

6] It appears from the record that the respondent State

Government has deposited an amount of Rs.75,000/- in this Court as

per the order dated 04-07-2002 on 16-08-2002 and it has not yet been

withdrawn by the petitioner. There is no endorsement that the

petitioner has furnished security or withdrawn the amount. In view

of this, the amount deposited in this Court be refunded to the State

Government along with interest, if any, accrued thereon till this date.

                                 JUDGE                                             JUDGE




              Deshmukh