Madhya Pradesh High Court
Abhay Kumar Verma vs Principal Secretary The State Of Madhya ... on 7 December, 2016
1
W. P. No.5123/2011
Writ Petition No.5123/2011
(Abhay Kumar Verma versus Principal Secretary, The State of M.P.)
7.12.2016.
Shri Wakeel Khan, learned counsel for petitioner.
Shri Vikram Johri, Panel Lawyer for the
respondent No.1-State.
Question which crops up for consideration in the
present petition is as to whether the State Government
and its functionaries are justified in withdrawing the
benefit of exemption of tuition fee enjoyed by the
petitioner on the anvil of green card held by the parents,
has been answered by a Division Bench of this Court in
batch of Writ Petitions being WP-4718-2010, WP-
14949-2010 and WP-11382-2009 decided on 3.7.2012
wherein it has been held :
"It is not in dispute that University Institute
of Technology an engineering institution under
the R.G.P.V. which was established in 1986 by
the Government of Madhya Pradesh as
Government Engineering College.
In July 1998, Government of Madhya
Pradesh has declared University Institute of
Technology R.G.P.V. as autonomous and named it
as Bhopal Engineering College. It was declared a
constituent college of R.G.P.V., Technical
University of the State of Madhya Pradesh w.e.f.
July 2002 by an order passed by Government of
Madhya Pradesh. It is informed that University
Institute of Technology was again declared as
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W. P. No.5123/2011
autonomous in July 2007. Thus, University
Institute of Technology wherein the petitioners are
prosecuting their studies is definitely not a private
institution but an autonomous institution, being a
constituent college of State University.
That in furtherance to the policy to promote
family planning certain decisions were taken by
the State Government on 23.6.09, formulated in an
order on 03.07.09. The decision taken were in the
following terms- (English translation is
reproduced as under-)
"Government of Madhya Pradesh,
Public Health and Family Welfare Department,
Ministry
Bhopal, Dated 03/07/09
ORDER
No.F-10-101/2001/17/MD-2; In the course of same numbered order dated 17-10-2007, issued earlier by the Department of Public health and Family Welfare following decisions have been taken in the Cabinet on 23-06-2009 by the State Government in regard with reimbursement / refund of the tuition fees to the children of Green Card Holders studying under Green Card Scheme covered by Public Welfare Programme:-
(1) The tuition fees of the children of Green Card Holders studying prior to 13/05/2003, shall be exempted till the completion of their courses.
These institutions shall not be eligible to reimbursement of the tuition fees. If the tuition fee has been recovered from them after 13/05/2003, it shall be the responsibility of the institutions to refund such amount to them.
(2) The Medical Education and Technical Education Department shall make necessary provisions in their respective budgets for re- imbursement of tuition fee of the children of only 3 W. P. No.5123/2011 the green card holders taking admission in Government Autonomous Medical College, Govt. Engineering College from 13-05-2003 to the date of the decision of the Cabinet. For this purpose, their allotment limit shall be increased as per the requirement.
(3) As per the previous arrangement, the students studying/getting admission in private institutions shall not be eligible for fee exemption /reimbursement.
(4) The children of all the green card holders who have got the family planning operation done before 13-05-2003 and only the green card holders living below poverty line who have got the family planning operation done after 13-05-2003 shall be eligible for exemption in tuition fee only for one degree /course in Medical College [Govt. Autonomous], Govt. Engineering Colleges, Govt. Polytechnic, Govt. Industrial Training Institutes. If needed, these institutions shall be provided grant by the concerned administrative department. The said orders shall take effect immediately.
In the name of the Governor of Madhya Pradesh and as per his Order.
Sd/-
(Jayshree Kiyavat) Deputy Secretary Govt. of Madhya Pradesh, Public Health & Family Welfare Department"
After the issuance of aforesaid order University Institute of Technology passed an order on 20.8.09 directing that the petitioners herein will henceforth be not entitled for any relaxation and will have to deposit the tuition fee from academic session 2009-2010 onwards. ...
The policy decision dated 03.07.09 when 4 W. P. No.5123/2011 scanned microscopically reveals that the State Government took a decision for reimbursement of tuition fee of the children on only green card holders taking admission in Government/Autonomous Medical College, Government Engineering College between 13.5.03 to 23.6.09 when the Cabinet took the decision and that the children of green card holders who have got the family planning operation done before 13.05.03 and only the green card holders living Below Poverty Line who have undergone family planning operation after 2003 shall be eligible for exemption of tuition fee only for one Degree/Diploma course in Medical College [Govt. Autonomous], Govt. Engineering Colleges, Govt. Polytechnic, Govt. Industrial Training Institutes. And that the students studying/getting admission in private institutions be eligible for exemption.
Apparent it is from the policy dated 03.07.09 that it restore the past with certain rider. In other words, in case where the students are prosecuting their studies in autonomous /government institutions and the government colleges has been issued prior to 13.5.03 they are held entitled for the relaxation in tuition fee. However, in case where the students are prosecuting their studies in non governmental institutions and in respect of the students whose parents have undergone Tubectomy and Vasectomy operation after 13.5.03 and if not Below Poverty Line, they are not held entitled for relaxation in tuition fee.
The petitioners are not hit by these two exceptions. On the contrary, the record reveals that the petitioners were exempted from tuition fee since their admission in the academic session 2008-2009 and the same having been granted vide circular dated 17.10.07 which is not superseded by a subsequent order/policy decision dated 03.07.09.5 W. P. No.5123/2011
The Respondents therefore, in our considered opinion, are not justified in debarring the petitioners from the benefit of exemption from the tuition fee.
In the result, the impugned order dated 20.08.09 is hereby quashed.
Respondents are directed to exempt the petitioner from paying the tuition fee since academic session 2009-2010. In case any amount is deposited by the petitioner in lieu of tuition fee for the said academic years, respondents would do well to refund the same within a period of three months from the date of communication of this order.
In the result, petition is allowed to the extent above. There shall be no costs."
In view whereof, respondents are directed to exempt the petitioner from paying the tuition fee since academic session 2009-2010. In case any amount is deposited by the petitioner in lieu of tuition fee for the said academic years, respondents would do well to refund the same within a period of three months from the date of communication of this order.
Consequently, petition is allowed to the extent above. There shall be no costs.
(SANJAY YADAV) JUDGE vinod