MBBS Students seek Reimbursement of Tuition Fees: Bombay HC tells DMER to examine pleas

Mumbai: The Bombay High Court has recently issued directions to the Directorate of Medical Education and Research (DMER) to examine the plea by 26 open-category MBBS students seeking reimbursement of their tuition fees.

It was contended by the students that the implementation of quotas for Socially and Educationally Backward Classes (SEBC) and Economically Weaker Sections (EWS) back in the year 2019 affected their chances of getting admitted to Government Medical Colleges.

They argued that had the quotas not been implemented through the Government Resolution (GR) dated September 20, 2019, they would have secured admission in the government medical colleges and saved the huge fees paid to the private medical institutes.

Taking note of the matter, the Divisio bench of HC comprising Justices Nitin Jamdar and Manjusha Deshpande issued directions to the State DMER to examine the cases of these 26 students and pass reasoned orders within a period of six weeks.

Also Read:No Concrete Evidence to prove criminal charges: Bombay HC relief to doctor accused of performing MTP on woman without consent

As per the latest media report by Hindustan Times, these students approached the High Court bench back in August 2020. They argued that they were affected by the implementation of the 2019 GR from the medical education department regarding the reservation for candidates belonging to SEBC and EWS categories. Through the concerned GR, financial assistance was also extended to open-category students who were affected by the implementation of the SEBC and EWS quotas.

It was argued by the students that they were forced to get admitted to the private medical colleges because of the implementation of the concerned quotas and therefore they were entitled to reimbursement of their tuition fees.

While considering the matter, the HC bench noticed that the medical education department did not give clear answers to the students as to why their pleas had been rejected.

Issuing the order on November 11, the HC bench observed, "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."

"If such an approach is adopted, it will defeat the beneficial policy of the State," further noted the HC bench.

Further, the court observed that the department should have applied some objective criteria before holding the petitioners ineligible in respect of their demands for reimbursement. 

The court directed the DMER to consider each of the cases and decide if the students were affected by the introduction of SEBC and EWS reservation or not and record the reason for such conclusion.

Back in 2021, the Bombay High Court bench had directed the State Government to complete the reimbursement of the first-year fees of MBBS students within a period of two months. 

All these students despite securing good marks had failed to get admission to Government Medical College and Hospital (GMCH) due to the implementation of Maratha and EWS quota. Medical Dialogues had earlier reported that on November 30, 2019, the legislature had passed to a bill proposing reservation in education and government jobs for Maratha.

Finally, 12% of seats for the Maratha quota were reserved and 74% reservation was implemented in Maharashtra education field in total after the addition of 10% EWS quota. Considering the problem of the open category students in gaining admission in government colleges, the former Chief Minister Fadnavis suggested the students who belong to the open category and could not secure admission due to the reservation should seek admission in private colleges and said that the government will reimburse their current tuition fees.

Also Read: Bombay HC directs State to Reimburse First Year Fees of Open Category MBBS Students within 2 Months