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2012 DIGILAW 157 (PAT)

Lal Bihari Singh v. State of Bihar

2012-01-25

SHIVAJI PANDEY

body2012
JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Shivaji Pandey, J.- No one appeared on behalf of the petitioner when the case was called out yesterday and no one is present even today to press this petition. However counsel for the respondent is present. 2. In this case, the petitioner being a member of Scheduled Tribe (for short S.T.), be exempted from payment of Student Welfare and Development charge of Rs. 500/- (five hundred) yearly and he has challenged the letter No. 615 dated 12.3.1997 and has also made a prayer to quash the letter No. 2227/2382 dated 31.10.96. 3. In this case the petitioner has stated that he is student of M.I.T., Muzaffarpur and being a member of S.T. He was admitted in 1st year Civil Branch of Engineering Degree course, in M.I.T. Muzaffarpur in 1995. He further stated that Scheduled Caste and Scheduled Tribe students were/are exempted from admission fee, teaching fee, examination fee etc. as these are paid by the Govt. of Bihar through the Welfare Department which was informed by the District Magistrate, Muzaffarpur vide letter No. 623 dated 26.7.1994 to the Principal as well as to Head of Department of the college stating that the college was not authorized to take fee from S.C. and S.T. students as they were economically backward. 4. It has further been stated that S.T. / S.C. students of M.I.T. Muzaffarpur, prior to 1994 did not pay development charge of student Welfare. 5. The Joint Secretary vide letter No. 2702 dated 19.10.1994 informed the Director and Principal of the Government Engineering Colleges to take fees as student, Welfare and Development charge with effect from for the year 1994-95 @ Rs. 2,500/- per year. 6. By letter dated 12.3.1997 Joint Secretary wrote another letter to the Director and Principal of Government Engineering Colleges asking the ST student also to pay Rs. 500 per year as a Student, Development Welfare charge. 7. It is relevant to state that State Minister, Science and Technology Bihar vide letter No. 5178 dated 26.11.1994 wrote to the Principal of M.I.T., Muzaffarpur to withdraw enhanced development charge for the period 1990-91, 92, 93 onward. 8. In pursuance of aforesaid letter, the Principal of the college wrote a letter individually to the students to deposit Rs. 500/- failing which they would not be allowed to sit the Sessional Examination which resulted in filing of the writ application. 9. 8. In pursuance of aforesaid letter, the Principal of the college wrote a letter individually to the students to deposit Rs. 500/- failing which they would not be allowed to sit the Sessional Examination which resulted in filing of the writ application. 9. As it appears from the record the contention of the petitioner is that as he belongs to S.T. community, he has been exempted to deposit the admission fee and tuition fee so he cannot be asked to deposit the student welfare. 10. The counsel for the State submitted that the Student Welfare Fund charge is quite different to admission charge, tuition fee etc. and as such the Student Welfare Fund can be charged from each and every person and in the case of ST and SC candidates, fee of Rs. 500/- cannot be said to be violation of any constitutional provision. 11. Having considered all the aspects of the matter, I do not find any error in the letter issued by Joint Secretary and order of the Principal of the college which was issued in pursuance of the order issued by the Joint Secretary, Government of Bihar. Hence this writ petition is dismissed but without any costs.