Ravindra Sukhdeo Bansode v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7356 OF 2018 Ravindra s/o Sukhdeo Bansode Age 23 years, occ. Education r/o Hari Niwas, Plot No. 40, Sharda Nagar, Ambajogai Road, Latur Petitioner

Versus

The State of Maharashtra Through its Secretary, Department of Social Justice and Special Assistance, Mantralaya, Mumbai.

The Assistant Commissioner Social Welfare, Latur Tq. & Dist. Latur The Regional Deputy Commissioner Social Welfare, Latur Taluka and District Latur Maharashtra Institute of Medical Sciences and Research, Medical College Latur, Taluka and District Latur Through its Dean Respondents Mr. S.S. Jadhavar, advocate for petitioner. Mrs. V.N. Patil-Jadhav, AGP for Respondents no 1 to 3. Mr. B.B. Dahiphale, advocate for respondent no. 4. CORAM : R.M.BORDE & MANGESH S. PATIL, JJ.

DATE : 26th October, 2018 JUDGMENT : (Per R.M. Borde, J.) Rule. Rule made returnable forthwith.

{2} Heard finally at admission stage with the consent of learned counsel for the respective parties.

The issue raised in the instant petition is covered by the decision rendered by Division Bench of this Court at Nagpur Bench in Writ Petition No. 4321/2015 and other companion matters decided on 27.06.2016. In identical set of facts, the Division Bench at held that the policy adopted by the Government in terms of Government Resolution dated 30.03.2015 would not be applicable in case of petitioner and, the policy adopted by the State in terms of Government Resolution dated 04.03.2014 shall have applicability. Since petitioners have been admitted to medical course during the academic year 2013-2014, the policy decision of the State Government dated 30.03.2015 shall have no applicability.

For the reasons recorded while disposing of the writ petitions referred to above, these two petitions also deserve to be allowed Government Resolution dated 04.03.2014 shall have applicability in the matter of reimbursement of fees of petitioners who have been admitted to medical course as against reserved category. The rider added to Government Resolution dated 30.03.2015 shall not be attracted in respect of petitioners and, their admissions shall be regulated by Government Resolution dated 04.03.2014. Demand of tuition fees, if any, by the institution, shall not be insisted upon the petitioners and it would be the responsibility of the Government to re-imburse the fees in terms of the policy decision referred to above.

Respondent-college shall issue all the documents/certificates as requested by petitioner forthwith.

{3} Rule made absolute to the extent as specified above. MANGESH S. PATIL R.M.BORDE JUDGE JUDGE dyb