Prajwal Tukaram Kasbekar vs. The State Of Maharashtra And Others
Held
The Court found the authorities' exclusion of the petitioners from the reimbursement scheme unjustified, lacking transparency, and based on a 'pick and choose' method. It declared the petitioners entitled to the fee reimbursement as per the GR, along with 6% simple interest, and imposed a cost of Rs. 50,000/- each on the respondents. The Court also directed an inquiry into the admission process and scheme implementation.
Facts
Petitioners, medical students from 2019-2020, were denied fee reimbursement under a Government Resolution (GR) dated 20-09-2019, which aimed to compensate students who missed admission to government or aided medical colleges due to EWS/SEBC reservations. The authorities excluded them, claiming they would not have secured admission even without the reservations, despite petitioners demonstrating that some beneficiaries had lower merit.
Key Issues
The key issues were whether the respondent authorities were justified in holding that the petitioners could not have secured admission to government or aided medical colleges even if EWS or SEBC reservation was not applied, and consequently, whether the petitioners were entitled to the benefit of the Government Resolution dated 20-09-2019.
Sections Cited
None
AI-generated summary — verify with the full judgment below
1 WP 358 OF 2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD District : Aurangabad WRIT PETITION NO. 358 OF 2021 Prajwal Tukaram Kasbekar Age – 21 years, Occu- Education R/o Quarter No. 8, Bldg. No. 7 GST Quarters, Town Centre, N-1 CIDCO, Aurangabad …..PETITIONER VERSUS
The State Of Maharashtra Through Secretary Dept. of Medical Education 9th Floor, G. T. Hospital Campus New Mantralaya, Mumbai
Director of Medical Education and Research 4th floor, St. Georges Hospital Compound Fort, Mumbai
The Commissioner and Competent Authority State Common Entrance Test Cell, Maharashtra 8th Floor, Exceslior Building, A.K. Naik Marg, Fort, Mumbai
Dr. Vasantrao Pawar Medical College Aadgaon, Vasantdada Nagar, Nasik – 3 Through Its Dean …...RESPONDENTS ------------------------------------------------------------------------------------------- Mr. Akshay D. Kulkarni, Advocate for the Petitioner Mr. A. R. Kale, Addl. GP for Respondent Nos.1 and 2 – State Mr. M. D. Narwadkar, Advocate for Respondent No.3 -----------------------------------------------------------------------------------
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Bombay High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.