Pramod B Galinde vs State Of Maharashtra Through ...
2023 Latest Caselaw 739 Bom

                                                                       914-ASWP-5111-2021.DOC




                      Ashwini



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 5111 OF 2021


                      Pramod B Galinde                                          ...Petitioner
                             Versus
                      State of Maharashtra through Secretary Social          ...Respondents
                      Justice and Special Assistant & Ors


                      Mr Sean Wassoodew, with Vijaya Ingule, Rupesh Mandhare, Tanmay
                           Karmarkar & Siddharth Ingule, i/b Vijaya Ingule, for the
                           Petitioner.
                      Mr VM Mali, AGP, for the Respondent-State.
                      Mr ND Sharma, for Respondent No. 5-Union of India.


                                              CORAM       G.S. Patel &
                                                          S.G. Dige, JJ.

                                              DATED:      20th January 2023
                      PC:-


                      1.        Rule. Respondents waive service.

ASHWINI

HULGOJI 2. The matter is entirely covered by a decision of a Division GAJAKOSH Digitally signed by Bench of this Court. The issue pertains to an extension of the ASHWINI HULGOJI GAJAKOSH Date: 2023.01.23 benefits of the post matriculation scholarship scheme to students of 10:10:33 +0530

socially and economically backward classes who are studying in professional courses in colleges affiliated to deemed universities under the University Grants Commission Act 1974.

20th January 2023 914-ASWP-5111-2021.DOC

3. In the present case, the Petitioner and his son Yash are Hindu Khatik by caste. This is a scheduled caste. In July 2016, Yash appeared for the National Eligibility Cum Entrance Test. He got through. He underwent counselling. Based on that ranking, he secured admission to the Bharti Vidyapith Deemed University Medical College and Hospital, Sangli in October 2016. That college had a fixed year-wise fee structure for tuition as well as hostel costs for the MBBS course. That course was over four and half years.

4. The Petitioner paid the full fee of Rs 11,25,000/- for the academic year 2016-2017. To pay for the fees for the first year MBBS course, the Petitioner had to take a loan from friends and family. He also took an educational loan of Rs 39.44 lakhs from the Bank of Maharashtra, Baramati Branch. The post-matric scholarship scheme was launched by the Government of India in December 2010 to provide financial assistance to Scheduled Caste students in post-matriculation or post-secondary courses. Since Yash was at a deemed university, the Petitioner had to pay the entire fees. The Petitioner made representations on 29th May 2017 to Respondent No. 6, the Principal of Bharti Vidyapith. Another representation to Respondent No. 2, the Commissioner in the Office of Social Welfare followed on 13th June 2017. There seems to be no response to either representation.

5. In the meantime, the Petitioner had to raise funds to pay the tuition fees for the next academic year 2017-18. He did so. There was still no response to his representations.

20th January 2023 914-ASWP-5111-2021.DOC

6. Meanwhile, Respondent No. 5, the Union of India launched a centrally sponsored scheme of post-matric scholarship to students belonging to Scheduled Caste with effect to April 2018. These were to be given for the study of all recognised post-matriculation or postsecondary courses. There is a funding pattern in the scheme. The State Government or Union Territory in question receives 100% Central Government assistance for the total expenditure. The Petitioner submits through Mr Wassoodew that the State Government is merely an implementing agency.

7. For the academic year 2018-19, the Petitioner paid the necessary fees as well. Even so, no benefits or scholarships were forthcoming. The Petitioner made another representation. The disbursement of the scheme is through an online portal. The Assistant Commissioner Social Welfare Sangli asked eligible persons to apply through the portal for their scholarships. Whenever the Petitioner attempted to do this, he failed because the college was a deemed university and not among those shown in the list of available colleges. That position seems to have continued. There was no response to the Petitioner's previous representations. He sent reminders in November and December 2018. His financial troubles continued. He now had to pay fees for the year 2019-20 as well.

8. By this time, a Division Bench of this Court (AS Oka J, as he then was, and AS Gadkari J) delivered a detailed judgment on 28th March 2018 in PIL No. 69 of 2011. A copy is at Exhibit "B" from page 29. We reproduce paragraph 1.

20th January 2023 914-ASWP-5111-2021.DOC

"1. The government of Maharashtra formulated a policy for granting reimbursement of fees payable by the students belonging to socially and economically backward classes who are studying in professional courses in Government recognized unaided and permanently unaided and permanently unaided educational institutions. The issue is whether the benefit of reimbursement of fees to the said category students studying in professional courses in the colleges affiliated to the deemed universities under the University Grant Commission Act, 1974 can be denied the benefit of policy of reimbursement of fees. The other issue is whether the State Government can deny the benefit of centrally sponsored scheme to post-matric scholarships to the students belonging to the Scheduled Castes and Scheduled Tribes in the colleges of deemed Universities."

(Emphasis added)

9. After an elaborate discussion, the Division Bench made the following order:

"Hence, we pass the following order:

(I) We declare that the benefits under the centrally sponsored scheme of post-Matric scholarships cannot be denied to the students of deemed universities who are otherwise eligible to post-Matric scholarships under the scheme;

(II) We direct that for the grant of reimbursement of fees to the students of professional courses, the State Government shall not discriminate between the students of professional colleges run by the recognized non-aided or permanently non-aided institutions and the students of the professional courses of deemed universities under section 3 of the UGC Act;

20th January 2023 914-ASWP-5111-2021.DOC

(III) We direct the State Government to make necessary modifications in terms of the above direction to the Government Resolutions dealing with grant of reimbursement to the students of socially and economically backward class from the academic year 20152016. Modified Government Resolutions shall be issued within a period of two months from today;

(IV) Rule is made partly absolute on above terms with no order as to costs."

(Emphasis added)

10. The Principal Secretary, Department of Higher Technical Education of the Maharashtra Government challenged this judgment in Special Leave Petition (C) No. 20207 of 2015. That SLP resulted in an order of 28th March 2015 upholding the judgment of the Division Bench of this Court.

11. On learning of this, the Petitioner once made representation to the Respondents by his letter 3rd December 2019. His claim was now Rs 44,75,500/-, all spent on Yash's education. There was as yet no response. On 23rd December 2019, the Union of India asked the Petitioner to submit a factual report. In January 2020, for the first time the Petitioner received a response dated 17th January 2020 by which the Secretary, Social Justice and Special Assistance of the State of Maharashtra directed the Commissioner of the Office of the Social Welfare to take the necessary action. Then that Commissioner made an identical demand to the 3rd Respondent, the Assistant Commissioner. By this time, we were in the grip of the Covid-19 pandemic, lockdown and widespread financial distress.

20th January 2023 914-ASWP-5111-2021.DOC

Despite this the Petitioner had to pay an additional amount of Rs 5,85,434/- for the academic year 2020-2021.

12. It is in this context that the Petitioner has come to Court. He has spent total of Rs 50,60,434/-.

13. The prayers in the Petition read thus:

"(a) That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Manadamus or any other appropriate writ or Order or Direction under Article 226 of the constitution of India directing the Respondents to extend the benefits of "Post matric Scholarship Scheme" to the Petitioner and reimburse the fees (Tuition and Hostel) paid towards the I, II, III and IV Year of MBBS course for the academic years 2016-2017, 2017-2018, 2018- 2019, 2019-2020 and 2020-2021 paid by the Petitioner.

(b) This Hon'ble Court may be pleased to issue writ of Mandamus or any other appropriate writ thereby directing the Respondents to pay an interest @18% p.a. from October, 2016 being the month of Admission of the Petitioner's son till the date of actual payment as per the said PMS-SC Scheme Respondent No. 1 to 3 showed deliberate disregard and disrespect to the directions given by the Hon'ble Supreme Court and this Hon'ble Court in its orders dated 14th November 2019 and 20th March 2015 and protracted and deprived the legitimate payment of benefits of 'PMS- SC' Scheme to the Petitioner."

14. The only response we have from the State Government is that the centrally sponsored scheme does not extend to deemed universities.

20th January 2023 914-ASWP-5111-2021.DOC

15. That is hardly an argument that can be countenanced. That very question was before the Division Bench. That was the argument raised. It was negatived. As we have seen, the Division Bench specifically directed that they cannot be a discrimination between various kinds of colleges (paragraph 28(ii) at page 49). The Government was to make the necessary modifications and there was, above all, a declaration that this very scheme could not be denied to students of deemed universities who are otherwise eligible. That judgment has been upheld by the Supreme Court. The decision of the Supreme Court is binding certainly on us and on the Government of Maharashtra. We fail to understand how the Government can deny the applicability of this law.

16. The Petitioner has suffered enough. He is more than Rs 50 lakhs out of pocket and has been running from pillar to post to get what is legitimately due to him. He has put his son through an expensive medical education that has cost him a over half a crore of rupees. There is no doubt that the Petitioner and his son belong to a Scheduled Tribe. There is no doubt they are entitled under the centrally sponsored scheme. Evidently, the Petitioner has a fixity of purpose and a single-minded objective: that, whatever the cost, his son, from a Scheduled Caste, must receive the full benefits of a medical education and must go on to become a doctor.

17. We fail to see how a genuine case can be refused like this or how the law declared by this Court and by the Supreme Court can be obdurately defied and disobeyed.

20th January 2023 914-ASWP-5111-2021.DOC

18. The Petition must succeed. It does.

19. Rule is made absolute in terms of prayer clauses (a) and (b).

20. The entire amount due to the Petitioner is to be paid to him by 6th February 2023. We are not concerned with any departmental procedures. The Respondents will not ask the Petitioner for submission of any further documents. The necessary documents are annexed to this Petition. If this Court is satisfied with the material before it, then there is no question of anybody in the Government sitting in appeal over this Court and demanding further documentation.

21. Only because there has been this kind of delay, although we dispose of the Petition today, we list it first on board on 10th February 2023 for reporting compliance.

(S.G. Dige, J)                                       (G. S. Patel, J)





                           20th January 2023