Court censures Maharashtra State authorities for non-transparent admission and reimbursement process, directs payment with interest and imposes exemplary costs
In a significant judgment delivered on August 3, 2026, the Bombay High Court (Aurangabad Bench) addressed the grievances of medical aspirants who were deprived of admission in government and aided medical colleges in Maharashtra due to the implementation of reservations for Economically Weaker Sections (EWS) and Socially and Educationally Backward Classes (SEBC). The Court held that these students are entitled to reimbursement of fees paid to private medical colleges under the Government Resolution dated September 20, 2019, which provided a one-time fee reimbursement scheme for such cases.
The petitions were filed by Prajwal Tukaram Kasbekar and others, including Sejal Bhale and two other petitioners, who challenged the State’s exclusion of their names from the beneficiary list of the reimbursement scheme. The State contended that the petitioners were not meritorious enough to secure admission in government or aided medical colleges even if the EWS and SEBC reservations were not applied. However, the Court found this defense factually incorrect.
The Court meticulously examined merit lists and admission data, finding that many students with lower merit ranks than the petitioners were granted reimbursement benefits, while the petitioners were unjustly excluded. This discrepancy revealed a lack of transparency, irregularities, and a “pick and choose” approach by the State authorities in the implementation of both the reservation policy and the reimbursement scheme.
Expressing serious displeasure, the Court observed that the admission process was neither transparent nor accurate, adversely affecting the careers and financial well-being of deserving students. The petitioners, many of whom had to take educational loans to afford private medical college fees, suffered undue mental trauma and financial burden.
The Court directed the petitioners to submit their reimbursement claims within four weeks and ordered the Director of Medical Education and Research, Maharashtra, to process these claims within eight weeks along with 6% simple interest. Delays beyond this period would attract a higher interest rate of 9%. Additionally, the Court imposed exemplary costs of Rs. 50,000 each on the respondent authorities, to be deposited in the Court and recoverable as land revenue from responsible officers if not paid.
Further, the Court mandated the Principal Secretary of Medical Education and Drugs Department to conduct a thorough inquiry into the irregularities and ensure such lapses do not recur. The judgment also highlighted concerns regarding regional disparities, noting the absence of beneficiaries from the Marathwada region, and urged corrective measures.
This ruling reinforces the principle that merit and fairness in admissions must be upheld above all and that reservation benefits should not be manipulated to the detriment of deserving candidates. It serves as a stern reminder to State authorities to maintain transparency and accountability in public education policies.
Bottom Line:
Petitioners deprived of admission in government and aided medical colleges due to EWS and SEBC reservations are entitled to reimbursement of fees paid to private medical colleges under Government Resolution dated 20-09-2019.
Statutory provision(s):
Maharashtra State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments in the Public Services and Posts under the State) for Socially and Educationally Backward Classes Act, 2018; Constitution Amendment Act, 2019.
