Kisan Dnyanoday Mandal Gudhes Geetai Institute Of Nursing Chalisgaon Through Its Secretary v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.6186 OF 2015 Kisan Dnyanoday Mandal Gudhe's Geetai Institute of Nursing Chalisgaon, Dist.Jalgaon.

... Petitioner.

Versus

The State of Maharashtra and another.

... Respondents.

...

Mr.Y.B.Bolkar, advocate holding for Mr.P.D.Bachate, advocate for the Petitioner. Mrs.S.A.Dhumal, Asstt. Govt. for the Stae.

...

CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.

Date : 05.08.2015.

PER COURT :

1.

The Petitioner claims reimbursement of fees in respect of reserved category candidate for the years 2011-12 and 2012-13.

2.

We have heard Mr.Bolkar, learned counsel and Mrs.Dhumal, learned Asstt. Govt. Pleader for the State. The contention of the Petitioner is that for the period prior to 2012-13 and for the period from 2013-14, the Petitioner is being reimbursed the tuition fees and other fees of reserved category candidate in respect of ANM and GNM course. According to the learned counsel, reimbursement of the fee for the years 2011-12 and 2012-13 has been illegally withheld and the Petitioner is entitled for the same.

3.

Mrs.Dhumal, learned AGP submits that in view of clause (9) of the Government Resolution dated 21st March, 2005, as the Petitioner had not obtained permission of the Government, the reimbursement of the fee is not granted. It is only after the judgment of the Division Bench of this Court in PIL No.72 of 2013, the Petitioner is being given reimbursement of fees for the subsequent years.

4.

We have considered the submissions canvassed by the learned counsel for the respective parties.

Clause (9) of the Government Resolution dated 21st March, 2005 has been held to be ultra vires and illegal by the Division Bench of this Court in PIL No.72 of 2013. When the said clause itself has been set aside and held to be illegal and not in consonance with the statute, then only because the said PIL was pending, the State would not be entitled to withhold reimbursement of the fees for the years 2011-12 and 2012-13.

5.

In light of the above, the Respondent - State is directed to release the tuition fees/ examination fees of the approved students of the Petitioner School for the reserved category students of ANM/ GNM course for the academic year 2011-12 and 2012-13, expeditiously, preferably within three months from today.

6.

Writ petition accordingly, stands

disposed of. No costs.

(V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) asp/office/wp6186.15