HC asks State to Reimburse Entire Course Fee of Scheduled Caste MBBS Student

Mumbai: Setting a precedence for all the students belonging to socially and economically backward classes studying professional courses in the deemed universities and who are beneficiaries of the post-matriculation scheme (PMS), the Bombay High Court has recently asked the State Government for reimbursing the entire course fees of a scheduled caste MBBS student by February 6, 2023.

After getting admitted for the MBBS course in a deemed college back in 2016-2017, the concerned student had somehow managed to pay the course fees for four-and-a-half years of around Rs 50.6 lakh.

While the State contended that the centrally-sponsored PMS scheme is not applicable for the deemed institutes, the HC division bench of Justice SG Dige and GS Patel referred to a previous order of the High Court dating back to 2015 where the State had been directed to extend the benefits of post-matric scholarship scheme to eligible students belonging to deemed institutes as well. The 2015 HC order had been upheld by the Supreme Court as well back in 2019.

Currently, the benefit of the PMS scheme is available only for the socially and economically backward class students studying in the unaided private institutes. While the policy is getting modified by the State which plans to include beneficiaries from the deemed institutes as well. Meanwhile, due to the delay in this regard, the State is already facing a contempt case in this regard, adds TOI.

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As per the latest media report by the Times of India, the concerned petitioner student had been admitted to Bhartiya Vidyapeeth Deemed University Medical College and for the last four and half years he has been somehow paying the annual tution fee of Rs 11.25 lakh from multiple sources. Seeking relief, the petitioner student had approached the HC and demanded a refund of around Rs 50.6 lakh, which is the entire course fees.

On the other hand, the State Government had contended that the benefits of the centrally-sponsored PMS scheme is not applicable for the deemed institutes. 

However, referring to its earlier HC order, the court mentioned that it is hardly an argument since the same question was raised before the bench of 2015 and it was dismissed.

"The division bench specifically directed that there cannot be a discrimination between various kinds of colleges. The government was to make the necessary modifications and there, above all, was a declaration that this very scheme could not be denied to students of deemed universities who are otherwise eligible... We fail to understand how the government can deny the applicability of this law", the bench noted at this outset.

The bench has further clarified that 'they are not concerned with any department procedures and no more documents will be sought from the student'.

The matter was disposed of on January 20 and the court has listed it for February 10 to ensure compliance of its order.

While commenting on the High Court order, the counsel for the petitioner, Advocate Vijaya Ingule told TOI, "The order in the petitioner Pramod Galinde's son Yash's case read with the earlier judgement (Bapu Sapdu Thorat judgement of 2015 and later upheld by the SC in 2019) can now be used by other beneficiaries of the post-matriculation scheme currently studying in deemed universities, to appeal before the court. It will also give hope to aspiring students who give up on their medical education dreams in fear of higher fees in deemed universities."

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