Bombay High Court
Case Details
2025:BHC-AUG:17388-DB ( 1 ) 932 wp 7975.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITON NO. 7975 OF 2025 1. 2. 3. 4. 5. 6. Dr Ayesha Samar Sheikh Ateeque Ahmed Age:- 23 years, Occu:- Doctor, R/o.Plot No. 111, Lane No.4, Near Promise stationary, Asifiya colony, Dist. Aurangabad -4310 001. Dr Kasturi Aniruddha Brahme Age:23 years, Occu:- Doctor, R/o.Plot No 3 Madhumalati Apartment Samarat Nagar Dist Dhule 424001 Dr Pravara Prasanna Deshpande Age:23 years, Occu:- Doctor, R/o.Kasarwadi Road sahayadri Indria Nagar Barshi Dist Solapur 413401. Dr Rutuja Sunilkumar Solunke Age:24 years, Occu:- Doctor, R/o.Sharda Nagar Tq Ambejogai Dist Beed 431517
Legal Reasoning
We have examined the documents on record and we find that the Petitioners herein are also identically situated and therefore these petitions can be conveniently disposed of by following the said order passed by this Court. 4. In the order dated 06.05.2025 passed in Writ Petition No.6090/2025, it was held as follows: “ Heard learned counsel for the petitioner. 2. The petitioners are the students of respondent No.3/College, who wish to take benefit of Government Resolution dated 19.08.1995. They are seeking direction to consider their representations which are pending before the respondents/authorities. 3. The petitioners are the students and they claim to be eligible for the free-ship under the policy of the Government. They have made individual as well as joint representations to the respondents/authorities for reimbursement of the tuition fees which some of them have already paid. The representations dated 14.09.2017 and 20.07.2020 were made by them to respondent No.3. Vide covering letter dated 23.01.2018, the proposal of the petitioners has been forwarded by respondent No.3 to respondent Nos.1 and 2. The proposal has not been considered till date. 4. Another grievance of the petitioners is that documents of few of them have been withheld by respondent No.3/College. 5. Learned AGP submits that the direction can be issued to respondent Nos. 1 and 2 to consider claims of individual petitioners on their own merits. 6. We find that issue involved in the writ petition is no more res integra. Consistent view has been taken by the co-ordinate benches. Few such decisions have been placed on record. We propose to follow the same course and the reasoning as has been done in writ petition ( 6 ) 932 wp 7975.25 No.969 of 2017, decided on 11.04.2018 as well as writ petition No.1790 of 2024, decided on 01.04.2024. Respondent No.3/authority cannot withhold the documents for the recovery of the tuition fees from the students. The petitioners are justified in contending that petitioner Nos. 1 to 8 in this writ petition, are entitled to receive the documents. In that view of the matter, we pass the following order:
Arguments
Dr Rucha Shailesh Athalye Age:23 years, Occu:- Doctor, R/o.Shri Yash Ganesh Nagar Jalgaon lashkarwadi, Dapoli, Dist Ratnagiri 415712 Dr Gaurav Surendrapratap Prajapati Age:25 years, Occu:- Doctor, R/o. BB 108 Radha Govind Park Uttan Road, Near Police Station Bhayandar (WEST) Dist Thane 401101. ... PETITIONERS ( 2 ) 932 wp 7975.25 V/s. The State of Maharashtra Through Principal Secretary, Medical Education and Drug Department, 9th Floor, hall No.1, Gokuldas Tajpal hospital Bulding, Lokmanya Tilak Road, Mantralaya, Mumbai-400001. Directorate of Medical Education and Research, Mumbai. Through its Director, 4th Floor, Govt. Dental College and Hospital, St. George's Hospital campus, Fort, Mumbai- 400001. Dean, Dr Shankarrao Chavan Government Medical College, Vishnupuri Nanded -431004. Joint Director, Higher Education, Aurangabad Near to Devgiri Malhavidhayala. Aurangabad- 431001. ... RESPONDENTS AND WRIT PETITON NO. 7977 OF 2025 Dr Rajkamal Santram Gaware Age:- 25 years, Occu:- Doctor, R/o. Selu, Ta Wasi, Dist Osmanabad-413507 Dr. Ashish Ramkishan Musande Age:- 23 years, Occu:- Doctor, R/o.At Post: Swaargaon pir Tq Mukhed, Dist Nanded-431715 Dr.Vivek Dhananjay Purane Age:24 years, Occu:- Doctor, R/o.Siddhivinayak Nagar, 1. 2. 3. 4. 1. 2. 3. ( 3 ) 932 wp 7975.25 4. 5. 6. 7. 8. 9. Tembhurni Dist.Jalna-431208 Dr.Abrar Samad Shaikh Age:28 years, Occu:- Doctor, R/o.Hashami Nagar, Ausa, Dist. Latue -413520 Dr Kranti Sunil Jadhav Age:- 25 years, Occu:- Doctor, R/o.Shilkshak Kolni Patoda, Dist Beed- 414204 Dr Kiran Tukaram Waybhat Age:24 years, Occu:- Doctor, R/o.No 6 Rushikesh Sarda Residency, Mondha Road, Dist Beed 431122 Dr Harshal Bhagwat Morey, Age:25 years, Occu:- Doctor, R/o. At Ghota Po Haral, Ta Raisod, Dist Washim-444510 Dr Shivprasad Gangadhar Sakhare Age:26 years, Occu:- Doctor, R/o. At Post Hayatnagar, Dist Hingoli-431512 Dr Dnyaneshwari Nandalal Bhandari Age:24 years, Occu:- Doctor, R/o.At Post Laul, Tq Majalgaon, Dist Beed 431131. 10. Dr Jayant Ashok Wadekar, Age: years, Occu:- Doctor, R/o At Mangu Jalgaon, Dist. Jalna – 431 204. V/s. 1. The State of Maharashtra Through Principal Secretary, ... PETITIONERS ( 4 ) 932 wp 7975.25 Medical Education and Drug Department, 9th Floor, hall No.1, Gokuldas Tajpal hospital Bulding, Lokmanya Tilak Road, Mantralaya, Mumbai-400001. Directorate of Medical Education and Research, Mumbai. Through its Director, 4th Floor, Govt. Dental College and Hospital, St. George's Hospital campus, Fort, Mumbai- 400001. Dean, Government Medical College and Hospital, Near Paan Chakki, Aurangabad-431004. Joint Director, Higher Education, Aurangabad Near to Devgiri Malhavidhayala. Aurangabad- 431001. 2. 3. 4. ... RESPONDENTS ... Mr. Swapnil Madanrao Mule, Advocate for the Petitioners Ms. S.S. Joshi, AGP for the Respondent/State … CORAM : MANISH PITALE & Y.G. KHOBRAGADE, JJ. DATE : 4th July, 2025 ORAL JUDGMENT (Per: Manish Pitale, J.):- 1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties. 2. The Petitioners in these petitions are seeking relief identical to the relief granted to the Petitioners in Writ Petition No.6090/2024 as per order dated 06.05.2025. ( 5 ) 932 wp 7975.25 3.
Decision
ORDER (i) Writ petitions are partly allowed. (ii) The proposal which is forwarded vide covering letter dated 23.01.2018 by respondent No.3 to respondent Nos.1 and 2 shall be considered on its merits, and in accordance with law, as well as the scheme prevailing. (iii) The decision shall be taken within six (6) weeks from today. (iv) Respondent No. 3 shall return the documents and issue necessary certificates to petitioner Nos. 1 to 8 forthwith.” The learned AGP waives notices in both these petitions. Since we have reached the conclusion that the Petitioners 5. 6. herein are also identically situated, these petitions are also partly allowed in the following manner: ORDER (i) Writ Petitions are partly allowed. (ii) The representations made on behalf of the Petitioners in Writ Petition no.7975/2025 on 20.06.2215 and by the Petitioners in Writ Petition No.7977/2025 on 14.09.2017 and 20.07.2020 shall be considered by the Respondent No.3 on its merits, and in ( 7 ) 932 wp 7975.25 accordance with law, as well as the prevailing scheme. (iii) The decision shall be taken within six (6) weeks from today. (iv) Respondent No.3 shall return the documents and issue necessary certificates to Petitioners in both the petitions forthwith. (v) Accordingly, Rule is made partly absolute in above terms. [Y.G. KHOBRAGADE, J.] [MANISH PITALE, J.] mub