Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 16975 (BOM)

ARAHANT SANTOSH DHOTRE v. THE STATE OF MAHARASHTRA THR. THE SECRETARY DEPARTMENT OF OTHER BACKWARD BAHUJAN WELFARE AND ORS

WP/13325/2026 · 2026-10-09

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

910 wp13325-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13325 OF 2026 Arahant Santosh Dhotre .. Petitioner Versus The State of Maharashtra and Ors. .. Respondents Mr.Sanket Patil through V.C. a/w Mr.Anup Kamble i/b Mr.Aditya Raktade, Advocate for the Petitioner. Mr.P.H.Gaikwad with Mr.S.V.Gavand, Advocate for the Respondent No.3 / Zilla Parishad, Pune. Ms.Gauri R. Raghuwanshi, A.G.P. for the Respondent / State. CORAM: R. I. CHAGLA & FIRDOSH P. POONIWALLA, JJ. DATE: OCTOBER 9, 2026 P. C. 1. By this Petition, the Petitioner is seeking a direction to Respondent Nos.1 and 2 to forthwith disburse and remit the entire first-year tution fees payable under the Petitioner’s L.L.M. programme, as specified in the Offer Letter issued by King’s College London, directly to King’s College London, immediately, and no later than two days. Further, direction is sought against Respondent Nos.1 and 2 to forthwith release the sanctioned maintenance allowance payable to the Petitioner under the Overseas Mohite 1/6 TRUSHA TUSHAR MOHITE Digitally signed by TRUSHA TUSHAR MOHITE Date: 2026.10.09 19:05:22 +0530 910 wp13325-26.doc Scholarship Scheme into the Petitioner’s designated bank account immediately, and no later than two days. 2. The Petitioner has moved this Writ Petition in view of the Petitioner being unable to obtain UK Student Visa for the L.L.M. programme at King’s College, London, United Kingdom, in which College the Petitioner has obtained admission. 3. The Petitioner has placed reliance upon the Government Resolutions issued by the Social Justice Department of the State Government of Maharashtra which has offered scholarship to pursue the higher education in Universities. The Petitioner also relies upon the Overseas Scholarship Scheme initiated by the Department of Other Backward Bahujan Welfare, State Government of Maharashtra, in 2018. 4. It is the Petitioner’s case that the Government Resolutions issued by the Social Justice Department, Government of Maharashtra, including the consolidated Government Resolution dated 25th July 2024, provide for common guidelines for the Overseas Scholarship Scheme offered by all Departments. The Petitioner states that upon being offered a place in the L.L.M. programme on 7th April 2026, the Petitioner had applied for the Overseas Scholarship offered by Respondent Nos.1 and 2. Mohite 2/6 910 wp13325-26.doc 5. The Petitioner’s Application for Student Visa can only be allowed provided that there is a valid proof or evidence of the required financial capacity to obtain a UK Student Visa. The Petitioner has placed reliance upon the UK Home Office applications of candidates who submitted the Sponsorship Letter issued by the Maharashtra State Government. The Petitioner has further referred to the UK Home Office Notification dated 17th April 2026 and subsequent Visa Rejection decisions dated 18th June 2026 and 15th September 2026. The Petitioner has also relied upon the Circular dated 11th September 2026 issued by the Social Justice Department wherein it was agreed to pay entire one year’s maintenance allowance directly into the bank accounts of the students. 6. The Petitioner has made a representation to Respondent Nos.1 and 2 on 14th September 2026. Respondent No.2 has forwarded the representation to Respondent No.1, but no decision has been taken on record. Accordingly, the present Petition has been filed. 7. The learned counsel for the Petitioner has submitted that, in view of the decision taken by the United Kingdom Government Home Office vide notification dated 17th April 2026, wherein it has been declared that a Visa Letter or Official Sponsorship Letter issued by the State Government Mohite 3/6 910 wp13325-26.doc would no longer be deemed valid evidence for obtaining a UK Student Visa, the Petitioner is unable to obtain UK Student Visa for his L.L.M. programme at Kings’ College London, United Kingdom, where he was offered a place. 8. The learned counsel for the Petitioner states that, in view of the Government Resolution, including the Government Circular dated 11th September 2026, the Social Justice Department has taken a conscious decision to remit one year’s tution fees and maintenance allowance directly into the bank accounts of the students. He submitted that in the Government Resolution dated 11th October 2018, which is a consolidated Government Resolution issued by the Maharashtra Government for Overseas Scholarship Scheme offered by all its Departments, it is provided that the candidate which has been offered admission under the Overseas Scholarship Scheme in the said College can apply for release of scholarship amount. He submitted that the said Government Resolution will be binding on Respondent Nos.1 and 2, and upon the Petitioner having made a representation to Respondent Nos.1 and 2, on 14th September 2026, Respondent Nos.1 and 2 are required to act upon the consolidated resolution and pay the advance tution fees directly to the Kings’ College London, United Kingdon where the Petitioner has been offered a place in the L.L.M. programme. Mohite 4/6 910 wp13325-26.doc 9. The Learned A.G.P. appearing for the Respondents has referred to the consistent policy of the Department of Other Backward Bahujan Welfare Department of the Respondent State wherein the State has taken a decision to make payment of the tution fee by way of scholarship only upon the student having attended the foreign university and not prior thereto. He submitted that there is no Government Resolution issued by the Other Backward Bahujan Welfare Department of the Respondent State where they have decided to release payment of entire tution fee for higher education abroad to the concerned institution directly before the student actually attends the university, and there is no demand made by any student to that effect other than the present Petitioner. 10. The learned A.G.P. has further submitted that there are several cases where students have already joined the foreign university, and thereafter, the demand is raised for making payment of the tution fee by way of scholarship. 11. Having considered the submissions, in our view, this is entirely a policy decision taken by the Respondent State. We have not been shown any decision taken by the Respondent No.1 State wherein they have decided to make payment of the entire tution fee to the concerned institution directly before the student actually attends the University. The Government Mohite 5/6 910 wp13325-26.doc Resolution which the Petitioner relies upon, which is issued by the Social Justice Department of the State Government, is not applicable to the present Respondents. 12. Considering that this is a policy decision of the State wherein the Respondent State has consciously, in terms of the policy, not decided to make payment of the entire tution fee payable for higher education to the concerned institution directly before the student actually attends the university, it is not open for this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India, to interfere with the policy of the Respondent State. 13. Accordingly, we find no merit in the present Petition. 14. Writ Petition is disposed of. 15. There shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R. I. CHAGLA, J.] Mohite 6/6