SHAIKH ALSHADAB SHAIKH MEHAMUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned advocate for the petitioner, learned A.G.P. and the learned advocate Mr. Bora for the respondent Nos. 4 and 5.

(2.) Rule. Rule is made returnable forthwith. At the joint request of the parties, the matter is being heard and disposed of finally at the stage of admission.

(3.) The Government has passed a resolution on 19/8/1995 inter alia providing that the wards of teachers of the schools receiving the government grant would be entitled to reimbursement of the tuition fees. The specific word 'Pramanit' (standardized) fees has been used in the provision. However, it has not been described or defined any where as to what could be this approved or standardized fees. It has not been expressly mentioned that it would be at par with the tuition fees being charged for the professional courses being run in the Government colleges. It appears that a corrigendum was also issued but no attempt was made to prescribe what the standardized fees meant. As can be seen, it transpires that even the various departments of the government were under confusion and by the latest Government resolution dtd. 16/3/2021 it is now being attempted to be explained that it would mean the tuition fees as prescribed and stipulated in the scheduled annexed to this Government resolution. We are emphasizing this fact to point out that without there being precise definition of what was intended to be refunded, this Government resolution was passed in the year 1995 and till the year 2021 this vagueness continued.