Examine MBBS students’ pleas for reimbursement of fees, says HC

The Bombay High Court has directed the Directorate of Medical Education and Research to examine pleas filed by 26 open category MBBS students for reimbursement of their tuition fees. The students argue that they would have secured admission in government medical colleges if quotas had not been introduced.

MUMBAI: The Bombay high court has directed the Directorate of Medical Education and Research (DMER) to examine pleas filed by 26 open category MBBS students for reimbursement of their tuition fees. The students contended that had quotas not been introduced through a Government Resolution (GR) dated September 20, 2019, they would have secured admission in government medical colleges, and saved the steep fees paid to private colleges.

HT Image

The division bench of justice Nitin Jamdar and justice Manjusha Deshpande directed the DMER to examine each of the 26 cases and pass reasoned orders within six weeks. The 26 students had moved the high court in August 2020, contending that they were affected by implementation of the 2019 GR from the medical education department regarding reservation for Socially and Educationally Backward Classes (SEBC) and Economically Weaker Sections (EWS). The GR also extended financial assistance to open category students who were affected by implementation of the SEBC and EWS quoats.

The students contended they were forced to take admission in private unaided medical colleges due to implementation of the two quotas and therefore they were entitled to reimbursement of their tuition fees.

The high court bench issued the order on November 11, after noticing that the medical education department had not given clear answers as to why the pleas of the 26 petitioners had been rejected.

“All that we have before us is an entirely unsatisfactory reply affidavit which does not deal with individual cases and does not give any reasons, except the conclusion,” said the bench. “If such an approach is adopted, it will defeat the beneficial policy of the State,” it added.

The court said the department should have applied some objective criteria before holding the petitioners’ ineligible. It asked DMER to consider each of the cases and decide if they were affected by introduction of reservation for SEBC and EWS, and if not, record the reason for such conclusion.