Court No. - 89
Case :- WRIT - C No. - 61578 of 2017 Petitioner :- College Of Applied Education And Health Sciences Meerut Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of this petition the petitioner is claiming for a relief in the nature of a writ of mandamus commanding the State- respondents to reimburse the fee amount relating to the students in the category of Scheduled Castes & Scheduled Tribes admitted to the institution for the Academic Session 2014-15 in light of the Government Order/ Policy of the State Government for providing financial assistance to such categories of students in terms of the tuition fee etc.
The grievance is in respect of 148 students in the category of Scheduled Castes & Scheduled Tribes who were though given admission in the institution in the Session 2014-15 but the State has not made reimbursement in respect thereof towards the admission fee and scholarship whereas in respect of other students reimbursement has been made.
Counsel for the petitioner has drawn the attention of the Court to the order dated 25.07.2018 issued by the Chief Secretary, Government of U.P., Lucknow to the Director, Social Welfare Department, Government of U.P., Lucknow, whereby it has been clarified that the amount towards the reimbursement of fee and scholarship under the policy of the State Government has been sanctioned, from the Session 2012-13 to the Session 2015- 16.
Learned Standing Counsel does not dispute the above factual position and has no objection in case the petitioner's case is examined under the policy of the Government. However, on behalf of the learned Additional Chief Standing Counsel it has been stated that it is the scheme of the Central Government and, therefore, any reimbursement can be made keeping in view the sanction made by the Central Government to the State Government.
In the considered opinion of the Court since the letter of the Chief Secretary dated 25.07.2018 acknowledges the sanction of the budget towards the scholarship and tuition fee of such categories of the student who were admitted between the Session 2012-13 and Session 2015-16, the grievance of the petitioner can be examined at the first instance by the second respondent.
In such view of the matter the petitioner is permitted to make a comprehensive application/ representation before Director, Social Welfare Department, Government of U.P., Lucknow- 2nd respondent within a period of two weeks from today and in the event if such application/ representation is filed, the 2nd respondent shall consider and pass appropriate order on merits in accordance with law, within a period of three months from the date of production of certified copy of this order.
However, it is made clear that this Court has not expressed any opinion on the merit of the case.
With the aforesaid observation/direction, the present writ petition is disposed of.
Order Date :- 27.9.2019 Atmesh