Partly allowed

Abhinav Education Society through Shri. Rajiv Jagtap v. the State of Maharashtra and Ors.

Bombay HC20 Sept 2019WP/4777/2016

Case brief

AI extract

What is this about?

The petitioner, an education society, sought reimbursement of fees under a State Government Scheme. The Court noted the absence of pleadings regarding the number of students and specific dues payable. It granted only declaratory relief, directing the respondents to compute and pay the amounts upon the petitioner submitting proper documentation within six weeks.

What did the court decide?

Declaratory relief granted; the Court directed the Respondents to compute amounts and pay them within four weeks after the Petitioners submit a proper application with student names and year-wise figu

Abhinav Education Society through Shri. Rajiv… — Pension and Retirement Benefits | Bombay HC (2019)

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1/2 05 WP4777.16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4777 OF 2016

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Abhinav Education Society.

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.. Petitioners

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The State of Maharashtra & Ors.

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.. Respondents

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Mr. A.M. Kulkarni with Mr. Sarthak Diwan for the Petitioners.

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Mr. K.S. Thorat, A.G.P. for Respondent Nos.1 to 8.

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CORAM: PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

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DATED : 20TH SEPTEMBER, 2019.

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P.C:-

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We have heard learned counsel for the parties.

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It is not in dispute that under a Scheme notified by the State Government, students admitted by the Petitioners who would be governed by the Scheme have not to be charged the tuition fees for the reason Government has to pay to the Petitioners said fees.

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It is pleaded in the Petition that ₹ 5,61,68,994/- are payable to the Petitioners under the Scheme.

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AJN

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2/2 05 WP4777.16.doc

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Regretfully, there are no pleadings in the Petition as to the number of students admitted by the Petitioners who were not charged any fees because they were governed by the Scheme requiring liability to be discharged by the State Government.

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There are no averments as to the number of years such dues are required to be paid. Meaning thereby, there are no averments year-wise concerning the number of students admitted and the reimbursement to be paid per student in the year in question.

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Thus, the only relief which we can give to the Petitioners is the declaratory relief.

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We dispose of the Petition directing that upon the Petitioners making a proper Application enclosing therewith the names of the students for whom reimbursement is sought, year-wise figures to be stated in the representation with proof of the student being admitted, within six weeks thereof the Respondents shall compute the amounts to be reimbursed to the Petitioners and pay the same within four weeks thereafter.

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(SMT. BHARATI DANGRE, J.)

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(CHIEF JUSTICE)

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AJN

Abhinav Education Society through Shri. Rajiv Jagtap v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Abhinav Education Society through Shri. Rajiv Jagtap v. the State of Maharashtra 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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