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Judgment
Sanjay Yadav, J.—Common question which crops up for consideration in these petitions is as to whether the State Government and its functionaries are justified in withdrawing the benefit of exemption of tuition fee enjoyed by the petitioner on the anvil of green card held by the parents. Bare facts necessary for adjudication of the above issue may be noted first.
Petitioner in all these petitions are students of University Institute of Technology, an educational institution under Rajiv Gandhi Proudyogiki Vishwavidyalaya (hereinafter to be referred as the ''R.G.P.V.''), Bhopal.
They were admitted to the course of B.E. (Bachelor of Engineering) in the academic session 2008-2009. Their parents being holder of green card, the petitioners were exempted from payment of fee under the policy of the State Government in vogue vide circular dated 17.10.07.
It is not in dispute that R.G.P.V. was established by virtue of enactment promulgated by the Madhya Pradesh State Legislature viz., the Rajiv Gandhi Proudyogiki Vishwavidyalaya Adhiniyam, 1998. The Act provided for establishing and incorporating a University of Technology for the purpose of ensuring systematic, efficient and qualitative education in engineering and technological subjects including Architecture and Pharmacy at Degree and Diploma level and to provide for matters connected therewith or incidental thereto. The enactment was in furtherance to the decision taken by the State Government to establish a University of Technology in the State of Madhya Pradesh which will cater to the academic needs of Engineering Colleges and Polytechnics of the State.
It is also not in dispute that since 1985 there is in vogue a policy of the State Government to exempt the wards of parents in possession of green card issued to them on they being operated (Tubectomy or Vasectomy as the case may be). The object was to promote family planning in order to control population growth.
The first order was issued as back as on 5.1.85 and thereafter the policy has been reiterated time and again. In the case at hand policy as was circulated on 17.10.2007 was in vogue, which stipulated that-
(1) The children of the green card holders would be entitled to exemption from the payment of fee only in Government and autonomous Medical Colleges, Engineering College/ Polytechnic Colleges/ Industrial Training Institutes.
(2) The children of the green card holders shall not be entitled to exemption from the payment of fee who are prosecuting their studies in Medical College, Engineering College/ Polytechnic Colleges/ Industrial Training Institutes established by the private sectors.
(3) The benefit with regard to tuition fee shall be granted only one time and only for one degree/ course in Government autonomous Medical Colleges, Engineering College/ Polytechnic Colleges/ Industrial Training Institutes.
(4) As per the circular dated 13.5.03 issued by the Public Health and Family Welfare Department the benefits of green card shall be given only to the persons belonging to below poverty line.
(2) Such green card holders who have undergone operation before 13.5.03 they will get the benefits as per the provisions which were prevalent prior to this order. Those persons who have undergone operation after 13.5.03 shall be given the aforesaid benefits if they belong to below poverty line.
It is not in dispute that University Institute of Technology an engineering institution under the R.G.P.V. which was established in 1986 by the Government of Madhya Pradesh as Government Engineering College.
In July 1998, Government of Madhya Pradesh has declared University Institute of Technology R.G.P.V. as autonomous and named it as Bhopal Engineering College. It was declared a constituent college of R.G.P.V., Technical University of the State of Madhya Pradesh w.e.f. July 2002 by an order passed by Government of Madhya Pradesh, It is informed that University Institute of Technology was again declared as autonomous in July 2007. Thus, University Institute of Technology wherein the petitioners are prosecuting their studies is definitely not a private institution but an autonomous institution, being a constituent college of State University.
That in furtherance to the policy to promote family planning certain decisions were taken by the State Government on 23.6.09, formulated in an order on 03.07.09. The decision taken were in the following terms- (English translation is reproduced as under)
Government of Madhya Pradesh, Public Health and Family Welfare Department, Ministry
Bhopal, Date 03/07/09
ORDER
No. F-10-101/2001/17/MD-2; In the course of same numbered order dated 17-10-2007, issued earlier by the Department of Public health and Family Welfare following decisions have been taken in the Cabinet on 23-06-2009 by the State Government in regard with reimbursement / refund of the tuition fees to the children of Green Card Holders studying under Green Card Scheme covered by Public Welfare Programme:-
(1) The tuition fees of the children of Green Card Holders studying prior to 13/05/2003, shall be exempted till the completion of their courses. These institutions shall not be eligible to reimbursement of the tuition fees. If the tuition fee has been recovered from them after 13/05/2003, it shall be the responsibility of the institutions to refund such amount to them.
(2) The Medical Education and Technical Education Department shall make necessary provisions in their respective budgets for re-imbursement of tuition fee of the children of only the green card holders taking admission in Government Autonomous Medical College, Govt. Engineering College from 13-05-2003 to the date of the decision of the Cabinet. For this purpose, their allotment limit shall be increased as per the requirement,
(3) As per the previous arrangement, the students studying / getting admission in private institutions shall not be eligible for fee exemption / reimbursement.
(4) The children of all the green card holders who have got the family planning operation done before 13-05-2003 and only the green card holders living below poverty line who have got the family planning operation done after 13-05-2003 shall be eligible for exemption in tuition fee only for one degree / course in Medical College [Govt. Autonomous], Govt. Engineering Colleges, Govt. Polytechnic, Govt. Industrial Training Institutes. If needed, these institutions shall be provided grant by the concerned administrative department.
The said orders shall take effect immediately.
In the name of the Governor of Madhya Pradesh and as per his Order.
Sd/- (Jayshree Kiyavat) Deputy Secretary Govt. of Madhya Pradesh, Public Health & Family Welfare Department
After the issuance of aforesaid order University Institute of Technology passed an order on 20.8.09 directing that the petitioners herein will henceforth be not entitled for any relaxation and will have to deposit the tuition fee from academic session 2009-2010 onwards.
Assailing the order it is urged on behalf of the students that the respondent No. 3 is not justified in stopping the benefit which enured in favour of the petitioner by virtue of the circular dated 17.10.07 and by directing the petitioner to pay tuition fee from academic session 2009-2010 onward.
It is urged that, the decision taken by the State Government vide circular dated 3.7.09 besides not being retrospective also does not create any impediment in respect of the benefit which flowed in favour of the petitioner in pursuance to the policy dated 17.10.07. The bar, it is contended, created vide the policy decision dated 03.07.09 is confined to Non-Governmental institutions and in such cases where the operation has been undergone after 13.05.03 wherefrom it is made applicable to only such students who are wards of parents Below Poverty Line. It is urged that, the petitioners are not effected by the bar created vide aforesaid policy as in the case of petitioners, the green card has been issued to their parents much prior to 13.05.03 and that the petitioners are prosecuting their studies in autonomous/government institutions. There is much force in the contention put forth on behalf of the petitioners.
The policy decision dated 03.07.09 when scanned microscopically reveals that the State Government took a decision for reimbursement of tuition fee of the children on only green card holders taking admission in Government/ Autonomous Medical College, Government Engineering College between 13.5.03 to 23.6.09 when the Cabinet took the decision and that the children of green card holders who have got the family planning operation done before 13.05.03 and only the green card holders living Below Poverty Line who have undergone family planning operation after 2003 shall be eligible for exemption of tuition fee only for one Degree/Diploma course in Medical College [Govt. Autonomous], Govt. Engineering Colleges, Govt. Polytechnic, Govt. Industrial Training Institutes. And that the students studying/getting admission in private institutions be eligible for exemption.
Apparent it is from the policy dated 03.07.09 that it restored the past with certain rider. In other words, in case where the students are prosecuting their studies in autonomous/government institutions and the government colleges has been issued prior to 13.5.03 they are held entitled for the relaxation in tuition fee. However, in case where the students are prosecuting their studies in non governmental institutions and in respect of the students whose parents have undergone Tubectomy and Vasectomy operation after 13.5.03 and if not Below Poverty Line, they are not held entitled for relaxation in tuition fee.
The petitioners are not hit by these two exceptions. On the contrary, the record reveals that the petitioners were exempted from tuition fee since their admission in the academic session 2008-2009 and the same having been granted vide circular dated 17.10.07 which is not superseded by a subsequent order/policy decision dated 03.07.09. The Respondents therefore, in our considered opinion, are not justified in debarring the petitioners from the benefit of exemption from the tuition fee.
In the result, the impugned order dated 20.08.09 is hereby quashed.
Respondents are directed to exempt the petitioner from paying the tuition fee since academic session 2009-2010. In case any amount is deposited by the petitioner in lieu of tuition fee for the said academic years, respondents would do well to refund the same within a period of three months from the date of communication of this order. In the result, petition is allowed to the extent above. There shall be no costs.