PRATHEMESH MAHESH KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are the son and father, who seek reimbursement of the fees paid for the education of petitioner No.1 for M.B.A. Course as per the Government Resolution dtd. 19/8/1995 and proposal sent by respondent Nos.4 and 5 to be processed by Government for the reimbursement for the entire tuition fees.

(2.) The facts giving rise to the petition are that the petitioner No.2 is serving as Full Time Librarian in Sharda Mandir Kanya Prashala, Aurangabad. Earlier, he was Part Time Librarian, who came to be appointed by following due process of law on 27/9/1993. His initial appointment was with Saraswati Bhavan High School, Godhegaon, Tq. Soygaon and the said school is run by Saraswati Bhavan Shikshan Sanstha, Aurangabad. The school is receiving 100% grants from the respondent-State. The services of petitioner No.2 were approved by respondent No.4 as Part Time Librarian and thereafter as Full Time Librarian of the said school also. He is continuously working on the said post in the said school. Thereafter, he came to be transferred to Sharda Mandir Kanya Prashala, Aurangabad. Respondent No.4 has also granted the approval for the said transfer. Respondent No.1 had issued Government Resolution on 19/8/1995 for providing free education from 1st standard up to Post Graduation level to the wards of teaching and non teaching staff working in the Secondary and Higher Secondary Schools, which are receiving 100% grants. The said scheme is applicable to those students only who have secured admission against free seat. Respondent No.1 has thereafter issued Corrigendum from time to time to the said Government Resolution. Petitioner No.1, who is a son of petitioner No.2 secured 79.64% marks in 10th standard in the year 2013 and thereafter he secured 62.46% in the Higher Secondary Examination in the year 2015. Petitioner No.1 has completed Bachelor of Engineering (Mechanical) in the academic year 2019 in the First Class with Distinction. He had then appeared entrance examination online conducted by State Common Entrance Test Cell for Master of Business Administration i.e. MBA/ MMS CET 2020. Petitioner No.1 got admission to the MBA course in CAP Round as per merit and he has been allotted Shree C.E. Society's Indira Institute of Management, Pune. Thereafter, he paid amount of Rs.2,20,000.00 for First Year Academic year fees for the said course to the institution. Petitioner No.1 had thereafter applied to the said institute to forward proposal seeking reimbursement of his fees as per the GR dtd. 19/8/1995. It was accordingly forwarded to respondent Nos.4 and 5. Respondent Nos.4 and 5 have not considered the said proposal as per the policy decision taken in GR dtd. 19/8/1995. Rather they have wrongly applied GR dtd. 16/3/2021. Petitioners contend that the subsequent GR dtd. 16/3/2021 is violative of Article 14 and 21 of the Constitution of India. This Court in Writ Petition No.5846 of 2020 (Miss Khan Sana Tahedis d/o Ajaz Ahmed Khan vs. The State of Maharashtra and others) decided on 19/10/2020 directed the full reimbursement of the tuition fees of the said petition within three months based on the same Government Resolution dtd. 19/8/1995. Hence, the petitioners are seeking declaration that the Government Resolution dtd. 16/3/2021 is illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and the policy under GR dtd. 19/8/1995. Further, they have asked for the writ of mandamus directing the respondent Nos.4 and 5 to reimburse the entire tuition fees of the petitioner No.1 in terms of GR 19/8/1995.

(3.) Affidavit-in-reply has been filed by Mr. Anil Sampatrao Sabale, Deputy Director of Education, Aurangabad Division, Aurangabad on behalf of respondent No.2. It has been submitted that the petition is not maintainable even in view of GR dtd. 19/8/1995. Even in the said Government Resolution it has been stated that those benefits, which have been given under the said Resolution, are extended to those students who would file their application with the competent authority within a period of 30 days from the date of admission. Thereafter, there is also a condition that such application should reach the Education Officer prior to 31st August of the academic year. Here, in this case, the petitioner's application is not as per the said schedule and, therefore, it was liable to be rejected. It can be seen from the application that was presented by the father of the petitioner No.1 that it was almost after the completion of her Post Graduation, more particularly, in the month of October, 2020. The Education and Sports Department has now issued Government Resolution on 16/3/2021, whereby clarification is given up to what extent the fees are eligible to be reimbursed to the wards of the staff. That clarification is in respect of meaning of some of the words mentioned in GR dtd. 19/8/1995. The reimbursement has been now allowed to a certain limit and not full reimbursement. Even as per letter dtd. 6/5/1998 the Director, School Education Department has already declared the rates for different technical courses for reimbursement of fees.