ca4303.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4303 OF 2011 IN CONTEMPT PETITION NO. 436 OF 2010 IN WRITPETITON NO. 6250 OF 2009 Aditya Dental College ...Applicant Versus Amol s/o Yeshwantrao Bhondwe and others ...Respondents ..... Mr. A.M. Karad, advocate for the applicant Mr. A.N. Nagargoje, advocate for respondent Nos. 1 to 3 Mr. S.D. Kaldate, A.G.P. For respondent No.4 ..... CORAM: R.M. BORDE, J. DATED: 11TH APRIL, 2011 PER COURT:- 1 Heard counsel for the respective parties. 2 It is informed that the State government has deposited an amount of Rs.92.00 lacs receivable by the applicant herein towards reimbursement of fees payable by the students studying in the Dental College. 3 The Division Bench of this court on 15.7.2010, while dealing with writ petition No. 6250 of 2009, has directed respondent Nos. 2 and 5 in ca4303.11 -2- the writ petition i.e. the authorities of the State Government to reimburse the tuition fees of the students admitted in the applicant college for the academic year 2006-2007 for B.D.S. course from Associated CET, within a period of three months from the date of passing of order. 4 The State Government has presented review application No. 30 of 2011, seeking review of order passed by the Division Bench and the same is pending. The Division Bench on 9.3.2011 permitted the applicant, authorities of Dental College to receive amount deposited by the State Government in this contempt petition subject to filing an undertaking before the Division Bench dealing with the review application to the effect that withdrawal of the amount would be subject to decision of review application No. 30 of 2011. The applicant has filed an undertaking in this contempt petition. The applicant, in the said undertaking, has made it clear that withdrawal of amount by the applicant would be subject to the decision in Review Application No. 30 of 2011. The applicant also assures to file similar undertaking and place it on record of review application No. 30 of 2011 within a period of two weeks from today. It is informed that the students studying in the college have already deposited the amount towards fees to the tune of Rs.42.00 lacs approximately. As per the policy prescribed by the State Government, the unaided colleges are entitled to get reimbursement of the tuition fees payable by the students belonging to reserved categories from State Government. Accordingly State has deposited an amount of Rs.92.00 lacs in this ca4303.11 -3- contempt proceeding towards tuition fees of students belonging to backward categories. Considering the entitlement of applicant in respect of amount deposited by the State to the tune of Rs.92.00 lacs approximately, the applicant institute would be entitled to receive amount towards tuition fees excluding the amount collected by applicant from students directly. The applicant would be entitled to withdraw an amount of Rs.50.00 lacs, out of amount deposited by State government in this proceeding. The entitlement of students to receive back amount of approximately Rs.42.00 lacs will be considered by the Division Bench dealing with Review Application No. 30 of 2011. The students or applicant college shall have liberty to make appropriate application in pending review application No. 30 of 2011, if they deem it appropriate. 5 The applicant college therefore, shall be permitted to withdraw the amount of Rs.50.00 lacs (Rupees Fifty lacs only) deposited by the authorities of the State Government in this contempt proceeding. The question of withdrawal of balance amount of Rs.42.00 lacs deposited by the State authorities in this proceeding would be subject to final orders those would be passed in review application No. 30 of 2011 pending before the Division Bench of this Court. 6. Civil application is accordingly disposed of. ( R.M. BORDE. J.) rlj/ ca4303.11 -4-