Court No. - 10
Case :- WRIT - C No. - 3065 of 2019 Petitioner :- Pushpa Devi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Gopal Das Srivastava Counsel for Respondent :- C.S.C.,Brajesh Datta Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to implead Director, Social Welfare Department, U.P. Lucknow forthwith.
Heard Shri G.D. Srivastava, learned counsel for the petitioner; learned Standing Counsel for the State respondents and Shri Sanjai Kumar Mishra, learned counsel for the respondent nos.2 and 3.
Notice need not be issued to the private respondent no.5 in view of the order proposed to be passed.
The petitioner is before this Court with request to issue direction to the fourth respondent, District Social Welfare Officer, Allahabad to reimburse her scholarship fees forthwith.
Submission of the learned Counsel for the petitioner is that the petitioner belongs to Scheduled Tribe Category. She has been admitted in Rajendra Degree College, Bagipur, Sarai Inayat, Jhunsi, Allahabad in Session 2017-18 in Bachelor of Education (B.Ed.) Course through State Level Joint Entrance Examination. The petitioner registered herself for scholarship and fee reimbursement on line on 9.7.2017 and filled up the prescribed form online. The petitioner submitted the aforesaid form on 8.9.2017 and the same was forwarded by the fifth respondent on 25.11.2017. The District Scholarship Committee headed by the fourth respondent verified the same on 16.2.2018 but the amount of fee and scholarship has not been reimbursed to the petitioner till date. On the basis of document, which is appended as Annexure No.4 to the writ petition, it is claimed that the District Social Welfare Officer, Allahabad vide communication dated 3.8.2018 informed to the petitioner that so far as the scholarship is concerned, the same is to be disbursed by the Director of Social Welfare.
Learned Counsel for the petitioner submits that interest of justice would suffice, if liberty is granted to the petitioner to move a fresh representation, raising her grievance and the Director, Social Welfare, Government of U.P., Lucknow may be directed to examine the claim of the petitioner, in accordance with law, within certain time frame fixed by this Court.
Learned Counsel for the respondents have no objection to the innocuous prayer of the learned Counsel for the petitioner.
Appreciating the submissions of the learned Counsel for the parties and without entering into the merits of the case, the writ petition is disposed of finally with liberty to the petitioner to move a fresh representation, raising her grievances, within fifteen days from today. If such a representation is being moved by the petitioner, the Director, Social Welfare, Government of U.P., Lucknow will examine the claim of the petitioner and decide the same, in accordance with law, expeditiously and preferably within a period of two months from the date of receipt of a certified copy of this order.
Order Date :- 29.1.2019 RKP