Bombay High Court
Ashwini D/O Devidas Pawar vs State Of Maharashtra, Thr. Secy., ... on 4 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17010-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 126/2023
Ashwini D/o. Devidas Pawar,
Aged : 26 Years, Occ. : Student,
R/o. Vainganga Girls Hostel,
NKP Salve Girls Hostel,
Hingna Road, Nagpur. PETITIONER
----VERSUS----
1. The State of Maharashtra,
Through its Secretary,
Tribal Development Department,
First Floor, Annex Building,
Mantralaya, Mumbai- 32.
2. The Project Officer,
Integrated Tribal Development Department,
Nagpur, Tal. and Dist. Nagpur.
3. N.K.P. Salve Institute of Medical Sciences
And Research Centre and Lata Mangeshkar
Hospital, Nagpur through its Dean, Digdoh Hills,
Hingna Road, Nagpur - 440019.
4. Directorate of Medical Education and Research
Government Dental College & Hospital Building,
Through its Director, Government Dental College
And Hospital, 4th Floor, St. George's Hospital
Compound, Near V. T. Mumbai - 440001.
5. Maharashtra University of Health,
Through its Registrar, Mhasrul,
Vani Dighori Road, Nashik - 422004.
6. State Common Entrance Test Cell,
Maharashtra State
Through its Commissioner and
Competent Authority,
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6th Floor, New Exceisior Building,
A. K. Nayak Marg, Fort Near CSMT, RESPONDENTS
Mumbai - 400001.
Mrs. M. R. Chandurkar, Advocate for the Petitioner.
Ms. K. R. Deshpande, Assistant Government Pleader for Respondent Nos. 1, 2 & 4.
Mr. Akshay Naik, Advocate for Respondent No. 3.
CORAM : SMT. ANUJA PRABHUDESSAI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 04.12.2023.
ORAL JUDGMENT : [PER : SMT. ANUJA PRABHUDESSAI, J]
1. Rule. Rule is made returnable forthwith. Heard finally with
consent of learned Counsel for the respective parties.
2. The petitioner has invoked writ jurisdiction of this Court
under Article 226 of the Constitution of India being aggrieved by the
inaction on the part of the respondent Nos.1 to 3 in not granting the
free-ship benefit i.e. reimbursement of Rs.28,00,000/- paid towards fees
for the 1st three years of M.B.B.S. Course and amount of Rs.13,84,550/-
payable towards fees of the fourth year course.
3. The petitioner had appeared for NEET UG Examination in the
year 2019 and secured 286 marks and was eligible for admission in
Medical College. The petitioner belongs to S.T. Category. She participated
in the process of admission conducted by respondent Nos.4, 5 and 6 in the
State of Maharashtra. The petitioner initially secured admission for B.D.S.
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in Nair Dental College on a free seat in 30% round conducted by the
respondent No.6. However, pursuant to the notice published by
respondent No.6 notifying vacancy for the institutional level round for
private unaided/minority Medical College in 85% State Quota, the
petitioner applied for 70% S.T. Category reserved for women seat, at
respondent No.3 Medical College. The petitioner secured admission in
first year M.B.B.S. and paid Rs.9,75,300/- as admission fees.
4. The petitioner claims that under the Government Resolution
dated 31.03.2016, the students belonging to S.T. Category, who have
secured admission in the professional course in Maharashtra in aided and
unaided colleges are entitled for reimbursement of tuition fees and
examination fees. The sister of the petitioner had completed her M.B.B.S.
Course from the same college and had received free-ship from the college
in the year 2017 towards first year fees of M.B.B.S. Course. The petitioner
claims that she was under an impression that she too would get the same
benefit. However, the respondent No.3 - College directed her to deposit
the fees, which were paid by her with a bona fide impression that the said
amount would be reimbursed as per the Government policy.
5. The petitioner made representation to the respondent No.2
for considering her application for free-ship scholarship and to reimburse
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the amount already deposited by her. However, there was no response
from respondent No.3 - College.
6. Respondent No.1 issued a corrigendum making certain
changes in the Government Resolution dated 31.03.2016. In the
meantime, the sister of the petitioner filed a Writ Petition before this Court
also seeking grant of benefit of free-ship / reimbursement of fees paid for
the second year of M.B.B.S. Course. The said petition was disposed of by
this Court by order dated 04.10.2021, following the decision of the Full
Bench of Principal Seat at Bombay in the case of Yash Pramesh Rana and
Others Vs. State of Maharashtra and Another [2020(3) Mh.L.J.-772] ,
wherein it is held that the Government Resolution dated 27.02.2013,
which restricted the scholarship to students securing the admission only
through Centralised Admission Process (CAP) was arbitrary and
discriminatory. The said Government Resolution was set aside to the
extent it deprived the non-CAP S.C. students of the benefits. The petition
filed by the sister of the petitioner was allowed on the basis of the
judgment of the Full Bench in Yash Pramesh Rana (supra).
7. It is not in dispute that though the decision of the Coordinate
Bench of this Court was challenged before the Hon'ble Apex Court on the
ground that the decision in Yash Pramesh Rana was distinguishable, the
S.L.P. was dismissed with liberty to approach this Court and to
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demonstrate distinguishing features in the said judgment. It is stated that
pursuant to the order of the Hon'ble Supreme Court, the State has filed
review petition. It is well settled that mere filing of the review petition
cannot operate as stay. Hence the pendency of the review petition is not a
ground to decline the relief to the petitioner, particularly considering the
fact that the issue involved in both the petitions are identical which are
covered by the Full Bench decision at the Principal Seat in Yash Pramesh
Rana (supra). Under the circumstances, the Government Corrigendum
dated 18.06.2021 cannot be given retrospective effect to deprive the
petitioner of the benefits of Government Resolution dated 31.03.2016.
8. Hence, the petition is allowed. The respondent no.1 and
respondent no.2- Project Officer, Integrated Tribal Development
Department, Nagpur are directed to grant benefits of Free-ship to the
petitioner and to forthwith reimburse/release total amount
Rs. 28,21,000/- which has been paid by the Petitioner as fees of 1 st, 2nd, 3rd
year of M.B.B.S. Course to the respondent no.3- institution. The
respondent Nos. 1 and 2 are directed to forthwith release an amount of
Rs.13,84,550/- towards the fees for the remaining years of the M.B.B.S.
course, in terms of Government resolution dated 31.03.2016.
9. The respondent Nos. 1 and 2 shall reimburse the said amount
within a period of six weeks from the date of receipt of the order.
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10. The Rule is made absolute in the aforesaid terms.
(MRS. VRUSHALI V. JOSHI, J.) (SMT. ANUJA PRABHUDESSAI, J.)
RGurnule.
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 12/12/2023 11:54:17
