M. Jagannadha Rao, J. - (1.) The Madhav Institute of Technology and Science, Gwalior, represented by its Principal is the appellant before us. The Ist respondent, who is an employee and a diploma holder in Engineering wanted to improve his educational qualification and joined the part-time Engineering Course (Evening Session) of the appellant Institute in 1996 and also paid the tuition fee for the degree course. This part-time course was started in this Institute in 1991. It appears that the State of Madhya Pradesh, with a view to control population growth wanted to give certain incentives to those who had undergone 'sterilisation.' Such persons were given 'green cards' by a Govt. Circular dated 1-10-85, which said that 'children' of the green card holders would not have to pay fee in Medical Colleges, Engineering Colleges/Polytechnic Colleges and Industrial Training Institutes. Subsequently, the Government issued another order on 6-11-87, extending this benefit to the 'persons' who had undergone the sterilisation operation and it was said that there would be 'waiver' of tuition fee in Medical and Engineering Colleges in their cases too.
(2.) The Ist respondent who joined the Institute in 1996 and who paid tuition fee for 1996-97 then filed W.P. 906 of 1997 claiming that under the above order dated 6-11-87 of Government of Madhya Pradesh, he was entitled to exemption from paying the fee in the college and that he was entitled to refund of the tuition fee already paid for 1996-97 and exemption for the future.
(3.) The State contended that the above orders were not applicable to 'part-time' courses. (There is no dispute that so far as this College is concerned, the regular courses (i.e. other than part-time) were admitted to grant-in-aid and that these part-time were not so admitted). In other words, it was contended that the Ist respondent was not entitled to exemption from payment of tuition fee. A further contention was advanced by the State that the first order dated 1-10-85 was issued in the name of the Governor of the State under Article 166 of the Constitution of India (the one which conferred benefit on the 'children' who had undergone sterilisation) whereas the second order dated 6-11-87 (which conferred the benefit on the persons who had undergone the sterilisation) was not issued in the name of the Governor and did not confer any enforceable right on the persons who were claiming exemption under the second order.;