Association Of The Managements Of Agriculture And Agriculture Allied Colleges, Nashik v. The State Of Maharashtra Through Secretary And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4242 OF 2015 Association of the Management of Agriculture and Agriculture Allied Colleges, Nashik.
... Petitioners Vs 1 The State of Maharashtra & Ors.
... Respondents Ms. Chandana Salgaoncar with Sandeep R. Waghmare for the Petitioner.
Mr. S.B. Kalel, AGP, for the Respondent Nos.1 & 2-State. Ms. Madhavi Ravuri for the Respondent No.3.
CORAM : S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.
THURSDAY, 09TH AUGUST, 2018 P.C. :
The writ petition seeks a writ of mandamus or a writ in the nature of a mandamus or any other appropriate writ, order or direction directing the second respondent to reimburse fees in terms of the Government Resolution dated 30th March, 2015, copy of which is Exhibit-D to the petition.
SRP 1/4
The reimbursement is for reserved category students admitted to Bachelor Degree in Agriculture. The degree courses are being conducted by the Member Colleges of the petitionerAssociation. On such a writ petition, series of orders have been passed by this Court. On 1st August, 2018, we passed the following order :
"1 Mr. Kalel-AGP should affirm the affidavit, which has been handed over by the officers and ensure that after it is properly affirmed, the same is filed in the Registry. A copy has been handed over to Ms. Salgaonkar in court. Let her verify, after speaking to the association officials as to whether the figures and data as set out in this affidavit reflects the correct position. Mr.Kalel states that out of 947 pending claims, 885 have been processed and the necessary action has been taken by the State. From the balance 62 claims, 5 have been rejected and 57 have been referred back to the respective managements so that further details and clarifications can be obtained. After that process is complete, the necessary steps would be taken and the amounts, if any and liable to be disbursed will be disbursed before the next date.
In order to enable both to respond and assist the court, we place this matter for "passing orders" on 9th SRP 2/4
August, 2018."
Pursuant thereto, the learned AGP has tendered on record, an affidavit of Mr. Sharad Laxman Ahire affirmed on 7th August, 2018. In that affidavit it is stated that though the concerned colleges who are members of the petitionerAssociation have not carried out a mapping, yet, the sum and substance is that a total amount of Rs.2,92,35,388/- have been disbursed to the students beneficiaries. That is a compliance, details of which are enlisted in Exhibit-2. After our order passed on 19th July, 2018, it is stated that there is no reason to defy or frustrate the orders and directions of this Court much less, disobey them. Now, the compliance and complete in every sense would be made positively by 30th September, 2018, is the statements made by Mr. Kalel, AGP, on instructions from the concerned official. That official is present in Court. He is stating this on behalf of the Director VJNT, OBC and SBC Welfare, Government of Maharashtra.
We accept this statement made by Mr. Kalel, on instructions, as undertakings to this Court. The disbursement be SRP 3/4
made accordingly. The petitioner-Association will render all assistance so that the beneficiary/student receives the amount which is due and payable to him/her.
Once we have ensured that the disbursement is made in terms of the scheme and particularly the Government Resolution or order of the Government dated 30th March, 2015, the writ petition has worked itself out. It is, accordingly, disposed of. There will be no order as to costs.
SMT. BHARATI H. DANGRE, J.
S.C. DHARMADHIKARI, J.
Digitally signed by Syed Rehmat Pasha Date:
2018.08.10 15:33:11 +0530 Syed Rehmat Pasha SRP 4/4