The avowed objectives of welfare schemes cannot be allowed to be scuttled by implementing authorities, the Bombay high court’s Aurangabad bench has said while directing the Maharashtra government to reimburse the tuition of the daughter of a school teacher as per a scheme that provides for free education up to the college for the children of permanent teaching and non-teaching staff of private aided schools.
Justices SV Gangapurwala and Shrikant Kulkarni on Monday expressed displeasure that though the scheme has been in force since 1995, one Sana Khan was reimbursed just Rs 6,000 of the annual tuition fee of Rs 1.09 lakh. Khan, 19, had moved the court contending that she was entitled to reimbursement of the entire fee under the scheme. The court accepted her contention. It said once the government has taken the decision to provide free education, the authorities implementing it cannot say that the reimbursement of tuition fees would be restricted to Rs 6,000 annually because when the policy was introduced in August 1995, the tuition fees for Bachelor in Physiotherapy course, which Khan is pursuing, was Rs 6,000 per annum.
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“Such an attitude would render the welfare policy of the government of giving free education to the wards of full-time employees of aided primary, secondary, and higher secondary schools nugatory.”
The court said the intention of the state government is clear in the government resolution issued for implementation of the scheme. It added the resolution in unambiguous and states that the state has decided to provide free education to the children of full-time teaching and non-teaching employees of aided schools.
The court held so long as the scheme exists, the authorities will be duty-bound to reimburse Khan full tuition fee.
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