Disposed

Society for Computer Technology and Research and Anr. v. the State of Maharashtra, through Secretary, Higher and Technical Education Dept and Ors.

Bombay HC19 Nov 2019WP/1856/2014

Case brief

AI extract

What is this about?

The Bench accepted the State's undertaking to reimburse fees paid for backward category students by petitioner institutions. It mandated a four-week submission of beneficiary details, set a three-month timeline for scrutiny, and stipulated 8% interest on any delayed payment beyond that period.

What did the court decide?

State to reimburse fees pending payment details within one month; scrutiny within three months; interest at 8% p.a. on delayed payments.

Society for Computer Technology and Research and… — Education and Admissions | Bombay HC (2019)

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1054 WP 1855-14 GRP=.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1855 OF 2014

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Maharshi Karve Stree Shikshan Samstha

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… Petitioner

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V/s.

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The State of Maharashtra and Ors. … Respondents

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WITH WRIT PETITION NO. 1856 OF 2014

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Society for Computer Technology and Research, Pune & Anr. … Petitioners V/s.

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The State of Maharashtra and Ors. … Respondents

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WITH WRIT PETITION NO. 9177 OF 2014

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Alard Charitable Trust & Ors. … Petitioners V/s.

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The State of Maharashtra and Ors. … Respondents

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Mr. S.R. Waghmare for the Petitioner. Mrs. R.A. Salunkhe, AGP for the Respondent.

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CORAM: S.C.DHARMADHIKARI,& R.I.CHAGLA, J.J. DATED : 19/11/2019

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P.C.

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On 11.11.2019, we had passed an order and which

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reads as under:-

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1 In terms of the additional afdavit fled by the Petitioners, it is stated that the defaulting

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Sneha Chavan

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1054 WP 1855-14 GRP=.doc

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department is the Department of Social Welfare and Special Aid so also the Department of Tribal Development, Government of Maharashtra.

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2 These two Departments have to reimburse the amounts towards fees of backward category students. The claim is now brought down to the extent of Rupees Three Crore Thirty Lakh and odd.

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3 Let the learned AGP inform us when this amount will be refunded or reimbursed to the Petitioners.

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4 We post these matters on 19-11-2019 on the supplementary board.”

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It is stated by Ms. Salunkhe today that the department of Tribal Development, Government of Maharashtra shall reimburse the remaining amount of Rs.2,24,559/- by 31.03.2020.

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We accept this statement made on instructions as undertaking to this Court.

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As far as the Department of Social Welfare and Special Aid is concerned that department will have to be satisfed by the Petitioners before us that the amounts

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Sneha Chavan

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1054 WP 1855-14 GRP=.doc

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towards fees have been incurred by these three institutions for the beneft of the backward classes be refunded to them and for that purpose they will provide requisite details including names of the benefciary students, the month and academic year in which they were admitted and the academic year in which they have completed their education and left the institution/college. Mr. Waghmare on instructions says that these details would be provided by the institutions within a period of four weeks from today.

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If they are provided, then the scrutiny of the application and proposal will be undertaken strictly in accordance with law.

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If the scrutiny results in an undue beneft or favour to these institutions, the State is not precluded from denying the beneft as well. Our order does not prevent the state from carrying out a scrutiny and verifcation in accordance with the applicable law. If no details are provided by the Management, their rights to claim the reimbursement stand forfeited.

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Sneha Chavan

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1054 WP 1855-14 GRP=.doc

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The Writ Petitions are disposed of in these terms.

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However, we clarify that should the claims be accepted as genuine, then the State must make necessary reimbursement to the Petitioners through the department of Social Welfare and Special Aid as expeditiously as possible and in any event, within three months from the date the scrutiny and verifcation is completed by the concerned department.

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Any order of refund or reimbursement passed after three months should provide for interest on the outstanding amount and which interest shall be stipulated at 8% p.a. from the date of amount is determined till actual payment.

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(R.I.CHAGLA,J.)

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(S.C.DHARMADHIKARI, J.)

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Sneha Chavan

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Society for Computer Technology and Research and Anr. v. the State of Maharashtra, through Secretary, Higher and Technical Education Dept and Ors.

Case brief

What is this about?

What did the court decide?

Society for Computer Technology and Research and Anr. v. the State of Maharashtra, through Secretary, Higher and Technical Education Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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