Gujarat High Court

Charmi Kanchanbhai Patel vs Union Of India on 2 September, 2025

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

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                           C/SCA/4165/2024                                      ORDER DATED: 02/09/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 4165 of 2024

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                                               CHARMI KANCHANBHAI PATEL
                                                         Versus
                                                 UNION OF INDIA & ORS.
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                     Appearance:
                     MR SAMIR B GOHIL(5718) for the Petitioner(s) No. 1
                     GOVERNMENT PLEADER for the Respondent(s) No. 2
                     SERVED BY RPAD (N) for the Respondent(s) No. 1,3,4
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                        CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                                        Date : 02/09/2025

                                                          ORAL ORDER

1. Heard learned advocate Mr.Samir Gohil appearing on

behalf of the petitioner and learned Assistant Government

Pleader Mr.Aditya Pathak appearing on behalf of the

respondent - State.

2. By way of this petition, the petitioner seeks indulgence

of this Court inasmuch as the scholarship which the petitioner

would be entitled to more particularly as per the policy of the

Central Government i.e. vide scheme of the post-matrix

scholarship to the students belonging to the scheduled caste,

having not been given to the present petitioner.

3. Briefly stated, the case of the present petitioner is that

she belonged to scheduled caste category, had completed her

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post matriculation in the State of Gujarat and had got

admission in the M.B.B.S. course in one M/s. Specific Institute

of Medical Science, Udaipur in government quota in academic

year 2021-22 onwards.

3.1. It is the case of the petitioner that while the fees paid to

the petitioner for the State quota is approximately

Rs.21,00,000/-, the same has not been reimbursed by the

State.

4. Learned advocate Mr.Gohil would draw the attention of

this Court to a judgment passed by this Court dated

19.08.2025 in Special Civil Application No.11134/2025, in a

similar situation albeit in case of a candidate who belonged to

the scheduled tribe category. Learned advocate would submit

that in case of the said candidate, the Tribal Development

Department, relying upon a fee structure approved by the

State of Rajasthan by the Fee Recommendation Committee for

the year 2016-17, had paid to the petitioner therein an

amount of Rs.2.95 lakhs per year.

4.1. Learned advocate would further submit that vide the

said judgment, this Court had also reserved liberty in favour

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of the petitioner to file an appropriate application for revision

of the amount granted more particularly having regard to the

fact that there may be an upward revision in the fee structure

for the M.B.B.S. course from the year 2016-17 to date.

4.2. Learned advocate would submit that if this Court may

direct the State Authorities to pay to the petitioner the

amount of Rs.2.95 lakhs for the years which she has

completed and for the years which she will further undertake

to prosecute the course in question with a liberty in favour of

the petitioner to apply for revision in case appropriate

documents i.e. the recommendation of the FRC for the

relevant years are received, the grievance of the petitioner

could be assuaged.

5. Learned AGP Mr.Pathak, under instructions, would

submit that as per the report of the Fee Regulatory

Committee for the year 2016-17 more particularly since the

Tribal Development Department has taken a stand with

regard to paying the fees fixed by the Committee for the year

2016-17 as a base fee, therefore, appropriate orders may be

passed by this Court.

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6. Considering the submissions made by learned advocates

for the respective parties and having perused the order dated

19.08.2025, it would appear to this Court that in case of a

similarly situated candidate more particularly for the very

selfsame scholarship scheme, except the petitioner herein

belonging to the scheduled caste category and the petitioner

before this Court in Special Civil Application No.11134/2025

belonging to scheduled tribe category, all other conditions

appear to be similar. Having regard to said position and

further considering that in case of the petitioner of the former

petition, the Tribal Development Department of the State had

granted an amount of Rs.2.95 lakhs per year basis the fees

structure approved by the Fee Regulatory Committee of the

State of Rajasthan for the year 2016-17, to this Court, it would

appear that the said amount is required to be directed to be

paid to the petitioner.

6.1. Furthermore, it would also appear that this Court had

reserved liberty in case of the petitioner therein to file an

appropriate application in case the petitioner is able to

receive appropriate documents in this regard subject to the

condition that the Central Government shall pay the amount

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upto Rs.6 lakhs and whereas, the remaining amount would be

paid by the State Government.

7. Hence, the following directions:-

(i) The petitioner shall make an appropriate application to

the authority concerned for grant of scholarship as per the fee

structure fixed by the Fee Regulatory Committee for the State

of Rajasthan for M.B.B.S. course for the year 2016-17 within a

period of 10 days from the date of receipt of this order, which

shall be considered by the authorities within a period of four

weeks thereafter. The authority, at the first instance, shall

consider the case of the petitioner and if found eligible, shall

pay to the petitioner the amount as per the fee structure

approved for the year 2016-17, for the years 2021-22, 2022-23

and 2023-24 and so on, i.e. the years of study put in by the

petitioner and the later years which the petitioner would put

in.

(ii) The petitioner is at liberty to once again approach the

respondent authorities, in case the petitioner is able to gather

details as regards the fee fixed by the Fee Regulatory

Committee for the Institution in which the petitioner is

studying, for the year 2021-22, 2022-23 and 2023-24.

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(iii) In case the fee fixed by the FRC is beyond the amount of

Rs.2.95 lakhs, then as per the scheme, read with the

Government Resolution 05.08.2023, the State shall pay to the

petitioner the amount upto Rs.6 lakhs, from the grant

received from the Central Government in this regard and

whereas the remaining amount would be borne by the State

Government itself.

(iv) It would be open for the petitioner to seek for fees, for

the remaining years, as fixed by the FRC and whereas if no