Chhatrapati Shivaji Bahuddeshiya Gramin Vikas Sevabhavi Shikshan Sanstha Through Its Secretary v. The State Of Maharashtra And Others
UNREPORTED
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY BENCH AT AURANGABAD.
WRIT PETITION NO.8511 OF 2015 Shri Chhatrapati Shivaji Bahuddeshiya Gramin Vikas Sevabhavi Shikshan Sanstha's Pushpai Nursing School (RANM), Kingaon, Tq. Ahmedpur, Dist.
Latur. Through its Secretary, Shri Baban Rambhajirao Bodke, Age 44 years, Occ.Social Work, R/o Kongaon, Tq. Ahmedpur, Dist.Latur.
4. The Director, V.J.N.T., O.B.C. And S.B.C. Social Welfare Department,
Pune-1.
5. The Regional Deputy Department, Aurangabad Region, Aurangabad.
6. The Assistant Commissioner, Office, Latur.
Mr.C.A.Jadhav, advocate for the petitioner.
Mr.K.G.Patil, Addl.Govt. Pleader for the State. WITH WRIT PETITION NO. 8970 OF 2014 Tirupati Prastishthan, Samiksha Institute of Nursing, Nagar Parishad Building, Sherar Peth, Vasmat Nagar, Tq. Vasmat, Dist.Hingoli, through its Secretary, Sandeep Santaram Rabbewar, Age 40 years, Occ.Social Work, R/o At Post Andhori, Tq.
Ahmedpur, Dist.Latur.
Pune.
4. The Regional Deputy Department, Latur Region, Latur.
5. The Assistant Commissioner, Office, Hingoli.
Mr.P.S.Pawar, advocate for the petitioner.
Mr.S.G.Sangle, Asstt. Govt. Pleader for the State.
WITH WRIT PETITION NO.8516 OF 2015 R.D.F.Rural Development Society's Maharashtra Nursing School, (RANM), Chakur, Tq.Chakur, Dist.Latur, through its President Afzal Ibrahim Momin, Age 38 years, Occ.Social Work, R/o Chakur,Tq.Chakur, Dist.Latur.
4. The Director, VJNT, OBC, and S.B.C.
Social Welfare Department, Maharashtra State, Pune.
5.
The Regional Deputy Department, Aurangabad Region, Aurangabad.
6. The Assistant Commissioner, Office, Latur.
Mr.C.A.Jadhav, advocate for the petitioner.
Mr.K.G.Patil, Addl. Govt. Pleader for the State. WITH WRIT PETITION NO.8514 OF 2015 Late Prabhu Bahuuddeshiya Uvak Shvabhavi Sanstha's Vedant RGNM Nursing School, Behind Virat Hanuman, In front of B & C Patsanstha Ausa Road, Tq. and Dist.Latur, through its Secretary, Mrs.Kanchan Satish Patil, Age 37 years, Occ.Social Worker, R/o Behind Virat Hanuman, In front of B & C Patsanstha Ausa Road, Tq. & Dist.
Latur.
4. The Director, VJNT, OBC, and S.B.C.
Social Welfare Department, Maharashtra State, Pune.
5.
The Regional Deputy Department, Aurangabad Region, Aurangabad.
6. The Assistant Commissioner, Office, Latur.
Mr.C.A.Jadhav, advocate for the petitioner.
Mr.S.G.Sangle, Asstt. Govt. Pleader for the State.
WITH WRIT PETITION NO. 8513 OF 2015 Sai Baba Sevabhavi Sanstha's
Dr.Ramesh Dhokne Patil School of Nursing (RANM), At Mukindpur, Newasa Fata, Tq.Newasa Dist.
Ahmednagar,through its President, Dr.Ramesh Asaram Dhokne, Age 52 years, Occ.Social Work, R/o At Mukindpur, Newasa Fata, Tq. Newasa Dist.Ahmednagar.
4. The Director, VJNT, OBC, and S.B.C.
Social Welfare Department, Maharashtra State, Pune.
5.
The Regional Deputy Department, Nashik Region, Nashik.
6. The Assistant Commissioner, Office, Ahmednagar.
Mr.C.A.Jadhav, advocate for the petitioner.
Mr.K.J.Ghute Patil, Asstt. Govt. Pleader for the State.
WITH WRIT PETITION NO.8531 OF 2015.
Sai Disha Samajik Vikas Sanstha's Pethroad Nursing School (RANM) At Pethroad, Tq. Peth, District Nashik, through its President, Dr.Shantanu Rangnath Pawar, Age 29 years,Occ.Medical Practitioner, R/o Plot No.20, Indraprastha Housing Society, Garkheda Parisar, Aurangabad.
4. The Director, VJNT, OBC, and S.B.C.
Social Welfare Department, Maharashtra State, Pune.
5.
The Regional Deputy Department, Nashik Region, Nashik.
6. The Assistant Commissioner, Office, Nashik.
Mr.C.A.Jadhav, advocate for the petitioner.
Mr.K.G.Patil, Addl. Govt. Pleader for the State. WITH WRIT PETITION NO.8530 OF 2015 Shiva Trust Aurangabad's Manmad Nursing School (RANM), Bhagatsing Maidan, Railway Station, Tq. Nandgaon, Dist.Nashik, through its President Dr.Balasaheb Shivajirao Pawar, Age 47 years, Occ.Social worker, R/o Plot No.57-G, Sector N-4, CIDCO, Aurangabad.
4. The Director, VJNT, OBC, and S.B.C.
Social Welfare Department, Maharashtra State, Pune.
5.
The Regional Deputy Department, Nashik Region, Nashik.
6. The Assistant Commissioner, Office, Nashik.
Mr.C.A.Jadhav, advocate for the petitioner.
Mr.K.G.Patil, Addl. Govt.Pleader for the State. CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.
Date : 17.08.2015.
ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1.
Heard.
2.
Rule. Rule made returnable forthwith.
With the consent of the parties, the petitions are taken for final hearing.
3.
The petitioners claim reimbursement of fees in respect of reserved category candidates for the years 2011-2012 and 2012-2013.
4.
We have heard learned counsel for the petitioners. The contention of the petitioners is that, for the period prior to 2012-2013 and for the period from 2013-2014, the petitioners are being reimbursed the tuition fees and other fees of reserved category candidates in respect of ANM and GNM course. According to the learned counsel, reimbursement of the fee for the years 2011-2012 and 2012-2013 has been illegally withheld and the petitioners are entitled for the same.
5.
Learned Additinal/Assistant Government Pleaders submit that in view of clause (9) of the Government Resolution dated 21st March, 2005, as the petitioners had not obtained permission of the Government, the reimbursement of the fees 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.
6.
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 virus 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 2011-2012 and 2012-13. The condition of suitability certificate is imposed vide Government Resolution dated 27.3.2014. The directions with regard to reimbursement of fees is for the years 2011-12 and 2012-13. The said condition was not relevant for the said period. 7.
In light of the above, the Respondent - State is directed to release the tuition fees/ examination fees of the approved students of the petitioners School for the reserved category students of ANM/GNM course admitted for the academic year 2011-2012 and 2012-2013, expeditiously, preferably within three (03) months from today, without insisting for the
suitability certificate for the period 2011-12, 2012-13.
8.
Rule accordingly made absolute in above terms. No costs.
Sd/- Sd/- (V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) asp/office/wp8511.15