SAMIR ANAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Refusal of the Government in reimbursing to petitioner tuition fee admissible in terms of Government instructions Annex-lire P-2 on accounts of demise of his mother who was working as Lecturer in Government Girls Senior Secondary School, Amritsar on account of breast cancer has constrained the petitioner to rake up the issue of such tuition fee. In the present petition filed under Article 226 of the Constitution, thus, the claim of the petitioner is fur reimbursement of tuition fee in terms of Government instructions Annexure P-2.

(2.) Petitioner was admitted in MBBS course on merits in Government Medical College, Amritsar. His mother who was working as Lecturer in Government Girls Senior Secondary School, Amritsar expired on 9-5-1994 on account of breast cancer. The petitioner being dependent on his deceased mother applied for reimbursement of tuition fee in terms of Government instructions (Annexure P-2) to Director Public Instructions (School), Punjab through respondent No. 4 District Education Officer, Amrilsar. The Director Public Instructions, respondent No. 2 forwarded the case of the petitioner to respondent No. 5 who without taking any action in the matter returned the case. On the request made by the petitioner, Principal Medical College Amritsar vide his letter dated 19-2-1997 forwarded the case of the petitioner for reimbursing the tuition fee to respondent No. 2 and requested for early disbursement thereof. Petitioner sent a reminder to respondent No. 2 on 14-8-1997 but when his representation and the reminders brought no tangible results, the present petition for the aforesaid relief was filed.

(3.) Pursuant to notice issued by this Court, respondents I, 2 and 4, 3 and 5 have entered defence and filed separate written statements. The claim of the petitioner has been opposed primarily and, in fact, on the only ground that petitioner was not wholly dependent upon his mother inasmuch as in his admission form the petitioner had mentioned that this father Kundan Lal Anand was working as College teacher. The fact that mother of the petitioner was working as Lecturer with respondent No. 2and expired while in service has not been denied.