Bombay High Court
JASH NIPUL SHAH AND ORSversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY DEPARTMENT OF MEDICAL EDUCATION AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the Director of Medical Education and Research to examine each petitioner’s claim and, if eligible, to reimburse the fees with interest, thereby granting the petitioners’ relief.
Summary
The petitioners sought a declaration that they are entitled to reimbursement of their MBBS course fees under the Government decision dated 20 September 2019, and directed the State of Maharashtra to pay the amounts they had already paid to their colleges. The Court relied on two earlier judgments of the same High Court—Writ Petition No. 358 of 2021 (Aurangabad Bench) and Writ Petition No. 4653 of 2021 (Principal Bench)—which had granted similar relief to students excluded from the reimbursement list. Following those precedents, the Court ordered the Director of Medical Education and Research to examine each petitioner’s case and determine eligibility. The petitioners were instructed to submit fee receipts within four weeks, after which the Director must decide within eight weeks and, if entitlement is confirmed, pay the amount with interest. The order was made absolute, and the writ petition was scheduled for compliance on 7 December 2026.
Issues considered
- Whether the petitioners are entitled to reimbursement of MBBS fees under the Government decision of 20 September 2019.
- Whether the Director of Medical Education and Research must examine each petitioner’s case and determine eligibility for reimbursement.
Subjects
- reimbursement
- medical education
- MBBS fees
- government decision
- writ petition
- NEET 2019
- eligibility
- interest
Judgment
908 wp1663-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1663 OF 2024
Jash Nipul Shah & Ors. .. Petitioners
Versus
The State of Maharashtra and Anr. .. Respondents
Mr. Rajesh Khobragade a/w Mr.Ravi V. Chidurala a/w Mr.Akshay
Gutka a/w Mr.Harsh Gutka a/w Ms.Sunita Chidurala and Mr.Arum
Dubey, Advocate for the Petitioners.
Mr.V.G.Badgujar, A.G.P. Advocate for the Respondent State.
Digitally
signed by
CORAM: R. I. CHAGLA &
TRUSHA
TRUSHA TUSHAR
TUSHAR MOHITE
MOHITE Date:
2026.08.27
18:28:21
+0530
FIRDOSH P. POONIWALLA, JJ.
DATE: AUGUST 25, 2026
P. C.
1. Rule. Rule made returnable forthwith. Heard finally by consent
of the parties.
2. By this Petition, the Petitioners are seeking a declaration that
they are entitled for the benefit of Government decision dated 20 th September
2019 providing reimbursement of fees for their MBBS Course. Further
direction sought is against Respondent Nos.1 and 2 to reimburse the fees for
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MBBS Course, directly to the Petitioners as the Petitioners have already paid
the same to their respective college.
3. Having heard the learned counsel for the parties, reliance has
been placed on the Judgment of this Court (Aurangabad Bench) in Writ
Petition No.358 of 2021, dated 3 rd August 2026, wherein in a similar situation
as the present, viz. the Petitioners claimed to have higher ranking than the
106 students who were held eligible for the benefit of reimbursement under
G.R. dated 20th September 2019, in the very same examination, being NEET
Examination 2019, this Court (Aurangabad Bench) had allowed the Petition
and issued necessary directions.
4. Further, the Principal Bench of this Court, in Writ Petition
No.4653 of 2021, has passed a similar order dated 6 th November 2023 in
respect of students eligible to receive financial assistance and where the
Petitioners names had not been included. This was by extended benefit of
G.R. dated 20th September 2019. This Court had directed Respondent No.2-
the Directorate of Medical Education and Research to examine the case of
each of these Petitioners and pass orders which would indicate the criteria
adopted for coming to the conclusion and upon such criteria whether each of
the Petitioners is entitled to reimbursement or not.
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5. We, accordingly, pass a similar order as has been passed in the
aforesaid Judgments of this Court.
6. Respondent No.2, Director of Medical Education and Research,
shall examine the case of each of the Petitioners and pass orders as to
whether they are eligible for reimbursement or not.
7. The Petitioners shall submit to Respondent No.2, Director of
Medical Education and Research State of Maharashtra, a reimbursement
statement with receipts issued by their Colleges towards the fees paid by
them, within a period of four weeks from today. Respondent No.2, Director
of Medical Education and Research, shall upon receipt of reimbursement
claims, within a period of eight weeks therefrom determine each of the
Petitioners’ case as to whether they are entitled to reimbursement or not. In
the event they are entitled, Respondent No.2 shall pay admissible amount
together with 6% simple interest directly to the accounts of the Petitioners. If
the amount is not paid within 8 weeks, it shall carry interest @ 9%.
8. Rule is made absolute in the aforesaid terms.
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9. Writ petition shall be placed for compliance on 7 th December
2026.
[FIRDOSH P. POONIWALLA, J.] [R. I. CHAGLA, J.]
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