- (1.) Petitioners have approached this Court praying for issuance of writ in the nature of certiorari/mandamus directing the respondents to reimburse the petitioners an amount of tuition fee of Rs.5,50,000/- deposited by petitioner No. 1 for studies of petitioner No. 2 in the respondent-College for BDS course from year 2007 to 2011, as per policy dated 22.12.1972 issued by Government of Haryana and further prayer is for setting aside order dated 27.11.2013 (P-7) passed by respondent No. 4 whereby claim of petitioners has been rejected. Petitioner's wife Smt. Kamlesh Devi was working as a Staff Nurse with respondent No. 4 when she died on 11.1.2008. Ruchi daughter of later Kamlesh Devi got admission as a student of B.D.S Ist year in 2007 vide roll No. 238 and completed her course in 2012. Since the petitioner along with her family has not been issued Identity Cards as children of the deceased employee and petitioner-Virender Kumar filed CWP No. 14236 of 2012, claiming the benefit of Instructions dated 22.12.1972 (Annexure-P-1), issued by the Government of Haryana for getting the benefit of free education till the degree level for his children. This petition was disposed of by this Court on 30.07.2012 with a direction to the Director General, Health Services, Haryana to consider and decide the application dated 28.1.2011 (Annexure-P-3) submitted by the petitioner within a period of one month from the date of receipt of certified copy of this order and the subsequent application dated 28.6.2012 (Annexure-P-4) submitted by the petitioner within a period of three months from the date of receipt of certified copy of this order.
(2.) Thereafter, petitioner-Virender Kumar was issued Identity Card in August 2013 which was valid up to 31.12.2013 (P-4). Thereafter, an application dated 05.09.2013 (P-5) was moved before the respondentCollege for reimbursement of tuition fee of Rs.5,50,000/- by petitionerVirender Kumar, according to the Haryana Government Employees in School/ Colleges but no action was taken. Thereafter, petitioner gave a legal notice to respondent on 08.10.2013 claiming the reimbursement, as per the instructions dated 22.12.1972, issued by the Government of Haryana, according to which children of the deceased Haryana Government employees, who die in harness, are entitled to the benefit of free education till the degree level. In response to the legal notice, a reply dated 27.11.2013 was received from the respondent-College rejecting the claim of the petitioner (P-7) on the ground that Ruchi got the admission in this Institution during August, 2007 and passed her BDS final year examination in May, 2012 and completed her internship on 30.06.2013. However, petitioner-Virender Singh gave his application on 05.09.2013 for refund of the fee, on the basis of above mentioned instruction and her wife died on 11.01.2008 and further Identity card was issued in August, 2013 by the Haryana Government. Further as per clause 4(b) of the above said scheme "facility will continue uninterrupted for five year after death of Government Employee and thereafter, when the child fails in an examination, the facility will be discontinued". But since Ruchi failed two time in BDS first year, 2nd year and third year and one more time before passing BDS final year. Thus, she was not held entitled for reimbursement of the tuition fee.
(3.) Learned counsel for the petitioners contends that Ruchi had enrolled herself in graduate degree course of BDS in respondent No. 4, which is a duly recognised college and thus, is fully covered by the above-said scheme. Further petitioners were issued Identity Card, after filing of CWP No. 14236 of 2012, which was valid up to to 31.12.2013 (P-4), thus the respondents cannot take this plea that the petitioners have no I.card, as it was due to lapse on part of respondent No. 2.;