Case Note & Summary
The petitioners, six students belonging to Other Backward Classes (OBC), were admitted to the First Year MBBS course at N.K.P. Salve Institute of Medical Sciences & Lata Mangeshkar Hospital (Respondent No.3) for the academic year 2003-04. They filed a writ petition seeking directions to the State of Maharashtra (Respondent No.1) to implement a Government Circular dated 25th November 2003, particularly Clause (3), which provided for reimbursement of tuition fees for OBC students pursuing professional courses. The petitioners claimed that as per a Notification dated 27th September 2003, the Government decided to grant scholarships to meritorious OBC students and 10% of open category students from economically weaker sections. The scholarship amount for MBBS was Rs.1,00,000 per student. The petitioners had applied for the scholarship but the State failed to reimburse the amount to the institution. They sought a direction to the State to pay the scholarship directly to Respondent No.3 towards their fees. The Court heard the parties and, by consent, took up the matter for final hearing. The Court observed that the State had issued the Circular and was bound to implement it. The Court directed the State to reimburse the amount of Rs.1,00,000 each to the petitioners by paying it directly to Respondent No.3 within a specified period. The writ petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Right to Education - Government Scholarship Scheme - The State Government issued a Circular dated 25th November 2003 providing for reimbursement of tuition fees for OBC students admitted to professional courses like MBBS. The petitioners, OBC students admitted to Respondent No.3-Institution, sought directions to the State to implement the Circular and reimburse Rs.1,00,000 each towards fees. The Court held that the State is bound to implement its own policy and directed reimbursement. (Paras 2-4)
Issue of Consideration
Whether the State Government is obligated to implement its Circular dated 25th November 2003 and reimburse the tuition fees of OBC students admitted to MBBS course in a private institution.
Final Decision
Writ Petition allowed. Respondent No.1 directed to implement the Circular dated 25th November 2003 and reimburse Rs.1,00,000 each to the petitioners by paying directly to Respondent No.3 within a specified period. Rule made absolute. No order as to costs.
Law Points
- Government Circular dated 25th November 2003
- Clause (3) mandates reimbursement of tuition fees for OBC students admitted to professional courses
- Scholarship scheme for OBC students
- Right to education
- Implementation of government policy
