VIPASSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In view of notice for final disposal issued earlier, the learned counsel for the parties have been heard.

(2.) The petitioner no.1 possesses a validity certificate of belonging to Mahar, Scheduled Caste dtd. 4/1/2019. She is domiciled in the State of Maharashtra and appeared for the NEET examination in the year 2020-21 from Nagpur. On the basis of her merit, she secured admission in the first year M.B.B.S. course at N.C.Medical College, Panipat, Haryana. The petitioner no.2 also possesses a caste validity certificate of belonging to Mahar, Scheduled Caste dtd. 27/11/2018. He is also domiciled in the State of Maharashtra. Having appeared for the NEET examination in the year 2020-21 from Nagpur, he has secured admission in the first year M.B.B.S. course at T. S. Mishra Medical College, Lucknow (UP). Both the petitioners contend that they are unable to pay the tuition fees as well as examination fees which are approximately Rs.14.00 Lakhs annually. Under the belief that they are entitled to reimbursement of tuition fees and examination fees for students belonging to the Scheduled Caste category, they seek to rely upon the Government Resolution dtd. 1/11/2003. As per aforesaid policy education expenses being borne by the State Government was stated to be continued for every academic year from 2007-08 and onwards till 2014-15. On 31/3/2016 the Higher and Technical Education Department of the State Government issued a Government Resolution in the matter of reimbursement of education fees from the academic year 2015-16. On the same day, the Social Justice and Special Assistance Department of the State Government issued a Government Resolution by which financial assistance was provided for students from the reserved category taking education within the State of Maharashtra. It is under this belief that the petitioners considered themselves entitled to the benefit of reimbursement of tuition fees and examination fees. On 26/10/2016 a communication was issued by the Commissioner, Social Welfare, Maharashtra State, Pune to the Regional Commissioner, Social Welfare Department, Nagpur stating therein that the benefit of Government Resolution dtd. 1/11/2003 of reimbursement of admission fees and examination fees was to be discontinued insofar as the students pursuing their education in other States than the State of Maharashtra. It was stated that those students who were receiving such benefits and were still continuing with their education would continue to receive the benefits till completion of their education. However, such benefit for the first time would not be made available to any new student. As a result, the petitioners contend that they are not held eligible to receive reimbursement of tuition fees and exam fees. It is in this backdrop the petitioners have sought a declaration that the Government Resolutions dtd. 31/3/2016 issued by the Higher and Technical Education as well as the Social Justice and Special Assistance Department of State of Maharashtra resulted in discrimination and the same were not applicable to the petitioners. The petitioners seek quashing of the communications dtd. 26/10/2016 and 22/2/2021 that have been issued by the Commissioner, Social Welfare, M.S., Pune and the Assistant Commissioner, Social Welfare Department, Nagpur respectively holding students who are pursuing education in other States to be not entitled to the benefit of aforesaid Government Resolutions.

(3.) In the reply filed by the Department of Social Justice and Special Assistance as well as the Commissioner, Social Welfare Department, Pune, it has been stated that pursuant to Government Resolution dtd. 1/11/2003 the benefit of reimbursement in tuition fees and examination fees was extended to some students who were studying beyond the State of Maharashtra. A clarification was however issued on 26/10/2016 that such benefits would not be made available to new students taking education in other States. A practice was followed by the Social Welfare Department by issuing Government Resolutions every year and on that basis such benefits were extended from 2007 to 2016. The Scheme was applicable only to students from the Scheduled Caste category who were pursuing their studies in government recognized private non-grant-in-aid or permanently non-grant colleges located in the State of Maharashtra. Such benefit was not made admissible to such students studying outside the State of Maharashtra. A further affidavit has been filed by the said respondents on 25/10/2021 in which it has been stated that the application preferred by the petitioner no.1 on 8/2/2021 was considered by the Assistant Commissioner, Social Welfare Department, on 15/2/2021 and it was stated therein that the Freeship Scheme was not made applicable to new students from the year 2017-18 and hence the petitioner no.1 was not found eligible to such benefit. The petitioner no.1 in her affidavit has sought to urge that since the petitioners were admitted in their respective colleges through Centralized Admission Process, they ought to be held entitled to receive such benefit. Yet another affidavit filed by the said respondents dtd. 26/7/2022 by which it has been reiterated that the benefit of the aforesaid Scheme was made admissible only to students belonging to Scheduled Caste category who were studying in professional institutions within the State of Maharashtra. Pursis has been filed by the respondent nos. 2 to 5 placing on record the Government Resolution dtd. 2/8/2022 issued by the Other Backward Class Welfare Department as well as subsequent Government Resolution dtd. 12/9/2022 issued by the same Department. By referring to Government Resolution dtd. 8/11/2017 it is sought to be stated that 100 students belonging to Scheduled Caste category were permitted to take benefit of Rajarshee Shahu Maharaj Merit Scholarship Scheme from 2017-18 with regard to the institutions indicated in Annexure-B of the said Government Resolution. These institutions include the Indian Institute of Information Technology, Indian Institute of Technology, All India Institute of Medical Sciences, National Institute of Technology, etc.