Court No. - 5
Case :- WRIT - C No. - 38448 of 2018 Petitioner :- Charu Bhardwaj And 27 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Vikrant Rana Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Vikrant Rana, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petitioners claim to be the students who are enrolled in B.T.C. course for the academic sessions 2016-17 in Vindhvashini Academy, Sikri Khurd, Modi Nagar, District Ghaziabad (hereinafter referred to as the "Institution").
The submission of Sri Vikrant Rana, learned counsel for the petitioners is that the aforesaid Institution is recognized by the National Council for Teacher Education (NCTE) and approved for conducting the B.T.C. course. The aforesaid Institution is also recognized as one of the institutions eligible for grant of scholarship to the students in the Institution. It is contended that the petitioners are entitled to grant of scholarships under the Uttar Pradesh Minority Post Metric Scholarship Scheme, the Uttar Pradesh Other Backward Class Category (Except Minority Category) Post Metric Scholarship Scheme Rules, 2012 and the Uttar Pradesh General Category Post Metric Scholarship Scheme Rules, 2012. The petitioners also made a representation in this regard.
Despite the entitlement, the petitioners' scholarship is not being released in favour of the petitioners. The educational careers of the petitioners are jeopardized because of such arbitrary action of the respondent authorities.
Per contra, learned Standing Counsel submits that the issue of eligibility of the Institution as well as the students for grant of scholarship needs to be verified by the competent authority after due enquiry.
No useful purpose would be served by keeping this writ petition pending. The writ petition is, therefore, disposed of finally with the consent of the parties.
The matter is remitted back to the respondent no. 4, the Director, Social Welfare Department, Government of U.P., Lucknow. A mandamus is issued to the respondent no. 4 commanding him to decide the representation of the petitioners in regard to the grant of scholarship within a period of one month from the date of receipt of a certified copy of this order along with a fresh copy of the representation. In case, the petitioners are found eligible for grant of scholarship, the respondent no. 4, the Director, Social Welfare Department, Government of U.P., Lucknow shall forthwith ensure that the scholarship funds are duly released in favour of the petitioners in their respective bank accounts.
It is clarified that the Court has not gone into the correctness of the assertions made in the writ petition nor has the claim of the petitioners been judged on merits. It is for the competent authority to decide the claim of the petitioners in accordance with law after independent application of mind and due consideration of the relevant facts and materials.
The writ petition is disposed of finally.
Order Date :- 26.11.2018 Dhananjai