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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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                                                       908 wp1663-24.doc



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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