Shivani D/O Vishwanath Sidam vs State Of Maharashtra, Through ...
2022 Latest Caselaw 9719 Bom

9-WP-1821-21                                                                                                                     1/2


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

                                       WRIT PETITION NO.1821 OF 2021

                               Shivani d/o Vishwanath Sidam, Gadchiroli and ors.
                                                                 -vs-
 State of Maharashtra, Thr. Secretary, Tribal Development Dept. Mantralaya, Mumbai and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.


                                   Ms Radhika Bajaj, Advocate for petitioners.
                                   Shri A. S. Fulzele, Additional Government Pleader for respondent
                                   Nos.1 and 2.
                                   Shri A. R. Patil, Advocate for respondent No.3.
                                   Shri S. M. Bhagde, Advocate for respondent Nos.4 and 5.

                                   CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : September 23, 2022

Challenge in this writ petition is to the demand of the college fees as made by respondent No.3-College from the petitioners. According to the petitioners they are entitled for scholarship and hence they are entitled to reimbursement of the amount of fees.

The petitioners seek to rely upon the judgment of Full Bench in Yash Pramesh Rana and ors. vs. State of Maharashtra and anr. 2020 (3) Mh.L.J. 772 to support their entitlement.

On the other hand, the learned Additional Government Pleader has sought to rely upon decision of the Honourable Supreme Court in Civil Appeal No.2142/2020 with connected appeals (The State of Maharashtra and anr. vs. Union of India) decided on 03/08/2021 wherein it is held that only those students who have been admitted after participating in the counseling in the Common Entrance Test will be eligible to claim reimbursement. Those students who are admitted at the institutional level are not entitled to claim reimbursement.

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The matter was thereafter adjourned for hearing. In the light of aforesaid decision, the petitioner Nos.1 and 3 have in the meanwhile filed an undertaking alongwith their affidavits in which it has been stated that they desire to prosecute further studies and hence they be supplied the mark-sheet and leaving certificate having completed graduation in B. E (Civil). It is stated that in case the writ petition fails, the petitioner Nos.1 and 3 would pay the entire fees to the college.

Accepting aforesaid undertakings furnished by the petitioner Nos.1 and 3, the respondent No.3-College is directed to release the petitioners' mark-sheets and leaving certificates subject to outcome of the writ petition.

Stand over two weeks for further consideration.

(Urmila Joshi-Phalke, J.) (A. S. Chandurkar, J.)

Asmita

Digitally signed byASMITA ADWAIT BHANDAKKAR Signing Date:26.09.2022 17:18:05