ASHUTOSH MISRA Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, a student of M. S. (General Surgery) of Netaji subhash Chandra Bose Medical College which is an autonomous educational institution, had taken admission on 12-6-2006 by depositing the fee to the tune of Rs. 35,000/ -. It is contended that the State government had framed a policy on 13-11-1989 laying a postulate that the children of the green card holders would be extended the benefit of exemption from fee in medical/engineering courses. The petitioner, as set forth, had applied for the benefit of exemption while prosecuting his study in the course of medical graduation. A circular, annexure-P/5, dated 30-5-2003 was issued laying down the stipulation that the children of green card holders, who fall below the poverty line, prosecuting their studies in medical/engineering colleges, both Government and autonomous would be exempted from the tuition fee. The said circular was modified by the circular dated 28-10-2005 which deleted the prescription pertaining to entitlement on the foundation of below poverty line. On the aforesaid base it has been claimed by the petitioner that he is entitled to refund of the fee which had been deposited at the time of admission and also to get the exemption from depositing the tuition fee for the academic year 2007-08.

(2.) A counter-affidavit has been filed by the respondents contending, inter alia, that the petitioner is a son of green card holder and he had availed the benefit of exemption of tuition fee while prosecuting MBBS course. Reliance has been placed on circular dated 17-10-2007 as contained in Annexure R-2 to highlight that the benefit of exemption of tuition fee has to be given for once and for one degree and the petitioner had already availed the same for the MBBS course and hence, cannot claim it for the ms course. Additionally, it is put forth that the petitioner has been paid stiped amounting Rs. 4,07,474/- as is evincible from Annexure R-4 and, therefore, he cannot avail the benefit of exemption of tuition fee on the foundation of being a son of green card holder.

(3.) WE have heard Mr. Akash Choudhary, learned counsel for the petitioner and Mr. Deepak Awasthy, learned Government Advocate for the State.