MADHUSHREE MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner, who is studying in a Private Dental College and is pursuing B.D.S. Course therein, claiming benefit of the circular dated 03.07.2009 for exemption from payment of tuition fee on account of the fact that the petitioner's father had undergone a sterilization operation on 10.11.2005 and had been issued a Green Card pursuant thereto. It is submitted that as the petitioner's father is a Green Card Holder, as per circular of the State Government dated 03.07.2009, the petitioner is entitled to exemption from payment of tuition fee.

(2.) Learned counsel for the petitioner submits that a Single Bench of this Court in the case of Dr. Leena Bhama vs. State of M.P. and others, (W.P.No.8217/2014) decided on 14.05.2015 has allowed a similar petition filed by the petitioner therein and in such circumstances, the petitioner is entitled to similar relief as granted by this Court in W.P.No.8217/2014 decided on 14.05.2015.

(3.) The prayer is opposed by the learned Government Advocate appearing for the State on the ground that a bare perusal of Clause 4 of the circular dated 03.07.2009 makes it abundantly clear that the benefit to wards of Green Card Holders in respect of exemption from payment of tuition fee is available only in case where the ward is studying in a Government Autonomous Medical Institution and is not available to the students who are pursuing their studies in a Private Medical Institution.