LAWS(BOM)-2019-10-45

HRUSHIKESH RANGRAOJI METE Vs. STATE OF MAHARASHTRA

Decided On October 07, 2019
Hrushikesh Rangraoji Mete Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This petition challenges the proviso added in the Government Resolution dated 30.03.2015 declining the facilities of fee reimbursement to the students who are admitted at the institute level on the remaining vacant seats after completion of common appointment process rounds (CAP). The petition further seeks direction to the State Government to grant fee reimbursement to the petitioners who are admitted in the respondent No.3 College in the academic session 2014-15 in terms of clause 13.4 of the Information Brochure styled as "Asso CET-2014".

(2.) The reliance is placed upon the Division Bench judgment of this Court delivered on 27.06.2016 in Writ Petition No. 4321 of 2015 (Mrudul Namdev Meshram and ors vrs. State of Maharashtra and others) along with other connected matters, which holds that the Government Resolution dated 30.03.2015 cannot be made retrospective in operation, so as to cover the admissions made during the academic session 2014-15 and therefore, denial by the State Government to reimburse the fees paid by the students belonging to various backward class categories cannot be sustained.

(3.) We are informed that the Special Leave Petition No. 8309 of 2017 is preferred by the State Government before the Apex Court and it is pending. But as on this date, no orders are passed in the said Special Leave Petition. The petitioners have moved this Court by filing Civil Application No.2630 of 2019 for final disposal of the petition in terms of the said decision.