JASH NIPUL SHAH AND ORS v. THE STATE OF MAHARASHTRA THR. THE SECRETARY DEPARTMENT OF MEDICAL EDUCATION AND ANR
WP/1663/2024 · 2026-08-25
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2159 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2159 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1663 OF 2024 Jash Nipul Shah & Ors. .. Petitioners Versus The State of Maharashtra and Anr. .. Respondents Mr. Rajesh Khobragade a/w Mr.Ravi V. Chidurala a/w Mr.Akshay Gutka a/w Mr.Harsh Gutka a/w Ms.Sunita Chidurala and Mr.Arum Dubey, Advocate for the Petitioners. Mr.V.G.Badgujar, A.G.P. Advocate for the Respondent State. CORAM:
R. I. CHAGLA & FIRDOSH P. POONIWALLA, JJ. DATE:
AUGUST 25, 2026 P. C.
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By this Petition, the Petitioners are seeking a declaration that they are entitled for the benefit of Government decision dated 20th September 2019 providing reimbursement of fees for their MBBS Course. Further direction sought is against Respondent Nos.1 and 2 to reimburse the fees for Mohite 1/4 TRUSHA TUSHAR MOHITE Digitally signed by TRUSHA TUSHAR MOHITE Date: 2026.08.27 18:28:21 +0530
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MBBS Course, directly to the Petitioners as the Petitioners have already paid the same to their respective college. 3. Having heard the learned counsel for the parties, reliance has been placed on the Judgment of this Court (Aurangabad Bench) in Writ Petition No.358 of 2021, dated 3rd August 2026, wherein in a similar situation as the present, viz. the Petitioners claimed to have higher ranking than the 106 students who were held eligible for the benefit of reimbursement under G.R. dated 20th September 2019, in the very same examination, being NEET Examination 2019, this Court (Aurangabad Bench) had allowed the Petition and issued necessary directions. 4. Further, the Principal Bench of this Court, in Writ Petition No.4653 of 2021, has passed a similar order dated 6th November 2023 in respect of students eligible to receive financial assistance and where the Petitioners names had not been included. This was by extended benefit of G.R. dated 20th September 2019. This Court had directed Respondent No.2- the Directorate of Medical Education and Research to examine the case of each of these Petitioners and pass orders which would indicate the criteria adopted for coming to the conclusion and upon such criteria whether each of the Petitioners is entitled to reimbursement or not. Mohite 2/4
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5. We, accordingly, pass a similar order as has been passed in the aforesaid Judgments of this Court. 6.
Respondent No.2, Director of Medical Education and Research, shall examine the case of each of the Petitioners and pass orders as to whether they are eligible for reimbursement or not. 7. The Petitioners shall submit to Respondent No.2, Director of Medical Education and Research State of Maharashtra, a reimbursement statement with receipts issued by their Colleges towards the fees paid by them, within a period of four weeks from today. Respondent No.2, Director of Medical Education and Research, shall upon receipt of reimbursement claims, within a period of eight weeks therefrom determine each of the Petitioners’ case as to whether they are entitled to reimbursement or not. In the event they are entitled, Respondent No.2 shall pay admissible amount together with 6% simple interest directly to the accounts of the Petitioners. If the amount is not paid within 8 weeks, it shall carry interest @ 9%. 8. Rule is made absolute in the aforesaid terms. Mohite 3/4
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9. Writ petition shall be placed for compliance on 7th December
2026. [FIRDOSH P. POONIWALLA, J.] [R. I. CHAGLA, J.] Mohite 4/4