Arbitrary withdrawal of freeship scheme for post matric medical students belongs to SC ST VJNT and OBC.


Dr. Prashant Chandekar and ors Versus Directorate of Medical Education and ors (Writ Petition No.  522 of 2017   Synopsis:   This Petition  pertains to the arbitrary withdrawal of freeship scheme for post matric medical students belongs to  SC ST VJNT and OBC.   Description:   The Petition is being filed for implementation of the Freeship Scheme that is being provided to Postgraduate Medical students belonging to SC, VJNT and OBC through the Department of Social Welfare and special assistance Government of India and post graduate medical students belonging to ST through the Department of Tribal Affairs, Government of India which has been in existence since 1944. Funds are being released by the Government of India to the State Government which has been implementing the freeship scheme in the case of SC, VJNT and OBC since 1982 and in the case of tribal students much before 1982. During this period, there have been sporadic instances when the freeship has been arbitrarily discontinued by the State Government  sometimes in 2007 but was later restarted after the affected students protested against the arbitrary discontinuation of the said Scheme. However freeship which the SC ST, VJNT and OBC students were entitled to has again been discontinued despite the directions being issued not to disallowed the students from sitting for their examinations. Discontinuation of the Freeship Scheme has been carried out even though funds are being received from the Central Government and the said funds have been remained unutilised. Discontinuation of the scheme has been resulted in many students not being able to pay their fees, which is retrospective effect and which will consequently result in the student not being able to complete their studies.   The Petitioners are also challenging the GR dated 31st March 2016 issued by Government of Maharashtra with regard to the policy decision taken for reimbursement of educational fees to students seeking admission to recognised private unaided and permanently unaided institutions under the control of Higher  and Technical Education Department, Medical Education and Drugs Department, Agricultural Department, Animal Husbandry, Dairy Development and Fisheries Department of the Government with effect from the Academic year 2006-07.   Since the aforementioned GR dated 31st March 2016 is incorrectly being construed to cover the field as it does not cover SC, VJNT, OBC Postgraduate Students studying in Government Institutions.   Prayers: Direction to the State Government to ensure  that the Medical colleges do not prevent the SC ST VJNT and OBC post Matric Students from appearing for their examinations for want of payment of Fees   Seeking directions  to State of Maharashtra and Union of India  for disclosing the funds received and allocated under the freeship scheme for ST,SC,VJNT and OBC for post matric medical students and  amount withheld for the period of 2010 to 2016.   Seeking directions to the Respondents to provide freeship to ST,SC,VJNT and OBC  students pursuing post matric medical studies.     Holdings:
  • That the students not be prevented from appearing Postgraduate Medical examinations  held in 2016 only on account of non payment of fees.
  Status:   By virtue of the submissions and order dated 15th July 2016 passed by Hon’ble Justice V. M. Kanade and Justice M.S.Sonak the students were not prevented from appearing Postgraduate Medical examinations  held in 2016 only on account of non payment of fees.   The Respondents has field their Affidavits in reply and rejoinders are also being filed.   This Matter is pending for further arguments. Next date for hearing of the matter is 8th June 2017