RANJEET PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Following questions of law arise for consideration in this present public interest litigation:

(2.) The present public interest litigation stands filed for issuance of writ directing the respondents, i.e. Universities not to avail fees from Scheduled Castes, Scheduled Tribes as well as female students up to Post Graduate qualification in accordance with State Government's decision dtd. 24/7/2015 as also refund of fees already availed by certain Universities and for taking action against officials who have been complacent in such availing.

(3.) The Department of Education, Government of Bihar issued Resolution vide letter no. 15/M1-197/2014 under the signature of Joint Secretary, Government of Bihar, communicating the decision to not realize any fees from students from Scheduled Caste and Scheduled Tribes as well as female students right up to the level of Post Graduate Studies. Further, it stated that the State Government would, to offset the loss incurred by the respective colleges and Universities reimburse the fees in the next financial year. The reasons supplied for such policy decision is that in Bihar the overall enrollment in Institute of Higher Education is lower in comparison to other States. In particular, the enrollment of women as well as SC and ST candidates is especially low. It is in this light that such a policy decision has been taken with respect to the Universities of the State and Colleges affiliated therewith.