LALIT KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN all these writ petitions, identical questions of law and fact are involved, therefore, with the consent of learned counsel for the parties, all the writ petitions were heard together and are being disposed of by this common judgment.

(2.) MR . Anil Kumar Joshi, Addl. CSC for the State of Uttarakhand, handed over photostat copies of Government Orders dated 24.06.2004, 21.05.2005, 30.06.2006, which are taken on record.

(3.) UNDISPUTEDLY , annual tuition fee for MBBS course was Rs. 1,50,000/ - per annum; vide Government Order dated 24.06.2004, it was provided that MBBS student, who was domicile of State of Uttarakhand and whose parent's annual income was Rs. 2,50,000/ - or less would be paid scholarship @ Rs. 1,00,000/ - per annum and the amount of scholarship would be adjusted against the annual tuition fee, meaning thereby, such student had to pay tuition fee of Rs. 50,000/ - per annum and Rs. 1,00,000/ - would be paid by the State; vide subsequent Government Order dated 21.05.2005, it was provided that MBBS student, who was domicile of State of Uttarakhand and whose parent's annual income was upto Rs. 5,00,000/ -, would be paid scholarship of Rs. 1,25,000/ - and the amount of scholarship would be adjusted in annual tuition fee, meaning thereby, such student had to pay only Rs. 25,000/ - per annum towards tuition fee and rest of the tuition fee would be paid by the State Government in the shape of scholarship; vide third Government Order dated 30.06.2006, it was decided that from academic session 2006 -07, MBBS student, who was domicile of State of Uttarakhand and whose parent's annual income was upto Rs. 5,00,000/ - would be paid scholarship of Rs. 1,25,000/ - and such student had to pay only Rs. 25,000/ - towards annual tuition fee and balance tuition fee of Rs. 1,25,000/ - would be paid by the State Government; it was further stipulated in the Government Order dated 30.06.2006 that such student, who was interested to avail benefit of scholarship, had to furnish surety bond / undertaking to the effect that he would serve the State of Uttarakhand for minimum period of 5 years, failing which amount paid as scholarship would be recovered from such student with further stipulation that student, who would fail in any annual examination would be deprived from further scholarship for rest of the course.