Research › Search › Judgment

Madhya Pradesh High Court · body

2012 DIGILAW 1026 (MP)

RADHA GUPTA (KU. ) v. STATE OF M. P.

2012-10-08

S.K.GANGELE

body2012
ORDER : S.K. GANGELE, J. 1. Heard The petitioner has filed this petition against the certificate dt. 15.08.2006 (Annexure P/1). By the aforesaid certificate, the respondent No. 6 has been awarded the benefit of grant of scholarship under the scheme formulated by the State Government named as "Gaon ki Beti". 2. The petitioner pleaded that she is resident of village Malawani, Tehsil Pichhor, District Shivpuri. The petitioner passed the Higher Secondary Examination (Class 12) from Government Higher Secondary School, Malawani in First Division and she received highest marks. Thereafter, she took admission in the college. She was entitled to receive scholarship under the scheme of "Gaon Ki Beti" However, the respondent No. 6 had been granted the aforesaid benefit, whereas she is not entitled for the aforesaid benefit because she never studied from the, village. 3. Respondent No. 6 in her reply pleaded that her parents are the residents of village Malawani and their names have also been mentioned in voter list. The District Education Officer conducted the enquiry and found the respondent No. 6 eligible for the aforesaid scholarship. 4. Respondents No. 1, 2 and 4/State in their return pleaded that the respondent No. 6 is more meritorious than the petitioner because she obtained more marks in the Higher Secondary School Certificate Examination. It is further submitted by the respondents No. 1, 2 and 4/State that the respondents No. 6 passed 12th class examination from Higher Secondary School Pichhor, but because she is the resident of village Malawani, hence, she has been included in the merit list of the village in accordance with the policy. 5. The question for consideration before this court is who is eligible to be awarded the scholarship under the scheme of "Gaon Ki Beti". A copy of the scheme dt. 22.7.2006 has been filed as Annexure R/2. The criteria for the purpose of grant of the Scholarship under the scheme is that the candidate must have passed the 12th class examination from the school of village or nagar Panchayat and she must have received highest marks and she must be regular student of college for the session 2006-07. In the explanation it is mentioned that if the girls of different villages are studying in one school of the village, then the merit list will be prepared on the basis of the residents of that village. The relevant criteria is as under:- 6. In the explanation it is mentioned that if the girls of different villages are studying in one school of the village, then the merit list will be prepared on the basis of the residents of that village. The relevant criteria is as under:- 6. Clause 12 of the "Gaon Ki Beti" scheme further prescribes that before granting scholarship under the aforesaid scheme, it has to be verified that the girl has passed the examination from the school of the village in First Division and she is the resident of the village and she has taken admission in the college as a regular student. It is further mentioned in clause 7 of the aforesaid scheme that the details of the girl have to be fed up in the software in regard to the name of the girl, roll no., name of school where candidate studied, name of the village or Nagar Panchayal etc. 7. From the aforesaid information and the eligibility criteria, it is clear that for the purpose of receiving the scholarship under the scheme, it is necessary that the girl has passed 12th class examination from the school of the village or Nagar, Panchayat. In the present case, admittedly, the respondent No. 6 did not pass the 12th class examination from the village Malawani and admittedly she passed the 12th class examination from Higher Secondary School Pichhor, District Shivpuri, hence, she is not eligible to receive the scholarship under the "Gaon Ki Beti" scheme. Consequently, the petition of the petitioner is allowed. Impugned certificate dt. 15.08.2006 (Annexure P/1) and the scholarship granted to the respondent No. 6 in this regard are hereby quashed. The respondents No. 2 and 4 are directed to pass appropriate orders in regard to grant of scholarship to the petitioner if she is otherwise eligible. Necessary orders be passed within a period of four weeks from the date of receipt of certified copy of this order. No. order as to costs.