JUDGMENT

M. Jagannadha Rao, J.-The Madhav Institute of Technology and Science, Gwalior, represented by its Principal is the appellant before us. The 1st 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 person 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 1st respondent who joined the Institut