Bal Bhagwan Shikshan Prasark ... vs The State Of Maharashtra And ...
2018 Latest Caselaw 563 Bom

                                                                   wp2337.16
                                        1


                                        
      IN  THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


                      WRIT PETITION NO.2337 OF 2016

 Bal Bhagwan Shikshan Prasark Mandal's 
 Rajiv Gandhi RGNM Nursing School,  
 Deglur Road, Udgir, 
 Tq. Udgir, District Latur, 
 Through Its Principal,
 Nagesh Shivraj Hatte,  
 Age: 28 years, Occ: Service, 
 R/o. Deglur Road, Udgir, 
 Tq. Udgir, District Latur.          PETITIONER

             VERSUS

 1.       The State of Maharashtra
          Through the Secretary for 
          Medical Education and Drugs Department, 
          Mantralaya, Mumbai 

 2.       The Secretary, 
          Social Justice and Special Assistance
          Department, Maharashtra State 
          Mumbai.  

 3.       The Commissioner,  
          Social Welfare Department,  
          Maharashtra State, Pune 

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




::: Uploaded on - 18/01/2018                  ::: Downloaded on - 19/01/2018 02:25:49 :::
                                                                wp2337.16
                                   2



 5.       The Regional Deputy Commissioner,  
          Social Welfare Department,  
          Latur Region, Latur 

 6.       The Assistant Commissioner,  
          District Social Welfare Office,  
          Latur.                          RESPONDENTS

                      ...
    Mr.C.A.Jadhav, Advocate for Petitioners 
    Mr.P.K.Lakhotiya, A.G.P.for Respondent
    Nos.1 to 6. 
                      ...


               CORAM:   S.S. SHINDE AND
                        S.M.GAVHANE, JJ.

DATE OF RESERVING JUDGMENT : 10TH JANUARY,2018.

DATE OF PRONOUNCING JUDGMENT: 17TH JANUARY, 2018.

JUDGMENT [PER S.S. SHINDE, J.]:

1. Rule. Rule made returnable forthwith and

heard finally with the consent of the learned

counsel appearing for the parties.

2. The petitioner claims reimbursement of

fees in respect of reserved category candidates /

wp2337.16

students for the years 2011-2012 and 2012-2013.

3. We have heard Mr.Jadhav, learned counsel

for the petitioner. The contention of the

petitioner, that for the period from 2013-14, the

petitioner is being reimbursed the tuition fees

and other fees of reserved category candidates /

students in respect of GNM/ANM course. According

to the learned counsel reimbursement of the fees

for the years 2011-2012 and 2012-2013 has been

illegally withheld and the petitioner is entitled

for the same.

4. Mr. Lakhotiya, learned AGP submits that

in view of clause (9) of the Government Resolution

dated 21st March, 2005, as the petitioner had not

obtained permission of the Government the

reimbursement of the fees is not granted. It is

only after the judgment of the Division Bench of

this Court in PIL No.72 of 2013, the petitioner is

being given reimbursement of fees for the

wp2337.16

subsequent years.

5. We have considered the submissions

canvassed by the learned counsel for the

respective parties. Clause (9) of the Government

Resolution dated 21st March, 2005 has been held to

be ultra vires and illegal by the Division Bench

of this Court in PIL 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,

then only because the said PIL was pending, the

State would not be entitled to withhold

reimbursement of the fees for the years 2011-2012

and 2012-2013. The condition of suitability

certificate is imposed vide Government Resolution

dated 27.03.2014. The direction with regard to

reimbursement of fees is for the years 2011-2012

and 2012-2013. The said condition was not relevant

for the said period. The issue raised in this

Petition is no longer res integra. The Division

Bench of this Court (CORAM:S.S. SHINDE AND

wp2337.16

SANGITRAO S. PATIL, JJ.) in Writ Petition No.2338

of 2016 (Bal Bhagwan Shikshan Prasarak Mandal's

New Mother Teresa RANM School of Nursing vs. The

State of Maharashtra and others), in the similar

fact situation, by Judgment and order dated 18th

July, 2016, has directed the Respondent therein to

release the tuition fees/examination fees of the

approved students of the school for the reserved

category of the ANM Course.

6. In light of the above, the Respondent -

State is directed to release the tuition fees/

examination fees of the approved students of the

petitioner School for the reserved category

students of GNM/ANM course admitted for the

academic year 2011-2012 and 2012-2013, after

verifying the factual details/position,

expeditiously and preferably within three (03)

months from today, without insisting for the

suitability certificate for the period 2011-12 and

2012-13.

wp2337.16

7. Rule accordingly made absolute in above

terms. No costs.

[S.M.GAVHANE, J.] [S.S.SHINDE, J.] asb/JAN18