ARAHANT SANTOSH DHOTREversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY DEPARTMENT OF OTHER BACKWARD BAHUJAN WELFARE AND ORS

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       Digitally
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       signed by
       TRUSHA
TRUSHA TUSHAR
TUSHAR MOHITE
                                           CIVIL APPELLATE JURISDICTION
MOHITE Date:
       2026.10.09
       19:05:22
       +0530

                                           WRIT PETITION NO.13325 OF 2026


                    Arahant Santosh Dhotre                            .. Petitioner

                             Versus

                    The State of Maharashtra and Ors.                 .. Respondents

                         Mr.Sanket Patil through V.C. a/w Mr.Anup Kamble i/b Mr.Aditya
                         Raktade, Advocate for the Petitioner.

                         Mr.P.H.Gaikwad with Mr.S.V.Gavand, Advocate for the Respondent
                         No.3 / Zilla Parishad, Pune.

                         Ms.Gauri R. Raghuwanshi, A.G.P. for the Respondent / State.

                                   CORAM:      R. I. CHAGLA &
                                               FIRDOSH P. POONIWALLA, JJ.
                                   DATE:      OCTOBER 9, 2026

                    P. C.

                    1.            By this Petition, the Petitioner is seeking a direction to

                    Respondent Nos.1 and 2 to forthwith disburse and remit the entire first-year

                    tution fees payable under the Petitioner’s L.L.M. programme, as specified in

                    the Offer Letter issued by King’s College London, directly to King’s College

                    London, immediately, and no later than two days.         Further, direction is

                    sought against Respondent Nos.1 and 2 to forthwith release the sanctioned

                    maintenance allowance payable to the Petitioner under the Overseas


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Scholarship Scheme into the Petitioner’s designated bank account

immediately, and no later than two days.



2.          The Petitioner has moved this Writ Petition in view of the

Petitioner being unable to obtain UK Student Visa for the L.L.M. programme

at King’s College, London, United Kingdom, in which College the Petitioner

has obtained admission.



3.           The Petitioner has placed reliance     upon the Government

Resolutions issued by the Social Justice Department of the State Government

of Maharashtra which has offered scholarship to pursue the higher education

in Universities. The Petitioner also relies upon the Overseas Scholarship

Scheme initiated by the Department of Other Backward Bahujan Welfare,

State Government of Maharashtra, in 2018.



4.          It is the Petitioner’s case that the Government Resolutions

issued by the Social Justice Department, Government of Maharashtra,

including the consolidated Government Resolution dated 25 th July 2024,

provide for common guidelines for the Overseas Scholarship Scheme offered

by all Departments. The Petitioner states that upon being offered a place in

the L.L.M. programme on 7th April 2026, the Petitioner had applied for the

Overseas Scholarship offered by Respondent Nos.1 and 2.

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5.          The Petitioner’s Application for Student Visa can only be allowed

provided that there is a valid proof or evidence of the required financial

capacity to obtain a UK Student Visa. The Petitioner has placed reliance

upon the UK Home Office applications of candidates who submitted the

Sponsorship Letter issued by the Maharashtra State Government.              The

Petitioner has further referred to the UK Home Office Notification dated 17 th

April 2026 and subsequent Visa Rejection decisions dated 18 th June 2026 and

15th September 2026. The Petitioner has also relied upon the Circular dated

11th September 2026 issued by the Social Justice Department wherein it was

agreed to pay entire one year’s maintenance allowance directly into the bank

accounts of the students.



6.          The Petitioner has made a representation to Respondent Nos.1

and 2 on 14th September 2026.         Respondent No.2 has forwarded the

representation to Respondent No.1, but no decision has been taken on

record. Accordingly, the present Petition has been filed.



7.          The learned counsel for the Petitioner has submitted that, in

view of the decision taken by the United Kingdom Government Home Office

vide notification dated 17th April 2026, wherein it has been declared that a

Visa Letter or Official Sponsorship Letter issued by the State Government



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would no longer be deemed valid evidence for obtaining a UK Student Visa,

the Petitioner is unable to obtain UK Student Visa for his L.L.M. programme

at Kings’ College London, United Kingdom, where he was offered a place.



8.          The learned counsel for the Petitioner states that, in view of the

Government Resolution, including the Government Circular dated 11 th

September 2026, the Social Justice Department has taken a conscious

decision to remit one year’s tution fees and maintenance allowance directly

into the bank accounts of the students. He submitted that in the Government

Resolution dated 11th October 2018, which is a consolidated Government

Resolution issued by the Maharashtra Government for Overseas Scholarship

Scheme offered by all its Departments, it is provided that the candidate which

has been offered admission under the Overseas Scholarship Scheme in the

said College can apply for release of scholarship amount. He submitted that

the said Government Resolution will be binding on Respondent Nos.1 and 2,

and upon the Petitioner having made a representation to Respondent Nos.1

and 2, on 14th September 2026, Respondent Nos.1 and 2 are required to act

upon the consolidated resolution and pay the advance tution fees directly to

the Kings’ College London, United Kingdon where the Petitioner has been

offered a place in the L.L.M. programme.




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9.           The Learned A.G.P. appearing for the Respondents has referred

to the consistent policy of the Department of Other Backward Bahujan

Welfare Department of the Respondent State wherein the State has taken a

decision to make payment of the tution fee by way of scholarship only upon

the student having attended the foreign university and not prior thereto. He

submitted that there is no Government Resolution issued by the Other

Backward Bahujan Welfare Department of the Respondent State where they

have decided to release payment of entire tution fee for higher education

abroad to the concerned institution directly before the student actually

attends the university, and there is no demand made by any student to that

effect other than the present Petitioner.



10.          The learned A.G.P. has further submitted that there are several

cases where students have already joined the foreign university, and

thereafter, the demand is raised for making payment of the tution fee by way

of scholarship.



11.          Having considered the submissions, in our view, this is entirely a

policy decision taken by the Respondent State. We have not been shown any

decision taken by the Respondent No.1 State wherein they have decided to

make payment of the entire tution fee to the concerned institution directly

before the student actually attends the University.          The Government

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Resolution which the Petitioner relies upon, which is issued by the Social

Justice Department of the State Government, is not applicable to the present

Respondents.



12.         Considering that this is a policy decision of the State wherein the

Respondent State has consciously, in terms of the policy, not decided to make

payment of the entire tution fee payable for higher education to the

concerned institution directly before the student actually attends the

university, it is not open for this Court in exercise of its writ jurisdiction

under Article 226 of the Constitution of India, to interfere with the policy of

the Respondent State.



13.         Accordingly, we find no merit in the present Petition.



14.         Writ Petition is disposed of.



15.         There shall be no order as to costs.



[FIRDOSH P. POONIWALLA, J.]                 [R. I. CHAGLA, J.]




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