Swami Vivekanand Law College Bakshi Ka Talab v. State of U. P.
2014-07-03
S.K.SAXENA
body2014
DigiLaw.ai
JUDGMENT Sudhir Kumar Saxena, J. 1. Since the above writ petitions arise out of a common cause of action, they are being decided by a common order. Writ petitions have been filed seeking direction in the nature of mandamus commanding the respondents to permit the submissions of students belonging to scheduled castes. 2. From the pleadings, it appears that in order to encourage the education amongst students, a scheme was launched and ultimately State Government made rules in year 2012 which provided that at the time of admission, no fee will be charged from the students belonging to scheduled castes and thereafter the entire fee will be transferred to the bank accounts of students who, in turn, will pay to Institute. A Schedule was drawn to submit forms. Under the order of State Government dated 17.9.2013, provision for applying on-line forms was prescribed. Last date for submitting the applications was 31st December, 2013. It is also provided in the Scheme that this facility will be given for entire course i.e., if course is for 3 years, then for entire period students will be entitled to get this benefit. Under the Schedule, reimbursement of fee was to be made by 15th March, 2014. It appears that some of the students could not apply by 31st December, 2013 for the reason of failure of server. 3. It is submitted by learned Counsel for petitioners that on account of failure of server, delay was caused in submitting the on-line forms. 4. Sri Sameer Kalia, learned State Counsel, submits that allegation of failure of server is not true as on the relevant date more than 2 lacs forms were submitted. Further submission of Sri Kalia is that since Schedule has prescribed to submit on-line forms within three months, delay in submitting the forms by students cannot saddle the liability with State Government. 5. Once this period has also been extended for submitting the forms by Institutes till 31st January, 2014. Power to extend the period was given to District Magistrates in some cases. Thereafter matter was referable to the Committee. Petition have been filed in year 2014, some even in the month of January, 2014. 6. It is culled out from the record that information with regard to defect in Internet server was given on 31st December, 2013 itself. Representation, e-mails were sent, objections were also filed in the month of January, 2014 itself.
Petition have been filed in year 2014, some even in the month of January, 2014. 6. It is culled out from the record that information with regard to defect in Internet server was given on 31st December, 2013 itself. Representation, e-mails were sent, objections were also filed in the month of January, 2014 itself. For the failure of server, students cannot be faulted. Reason for not submitting the forms was given failure of server. It is ultimately the students who will suffer. It would not be proper to ask the students to go out of the study mid way. Submission of learned Counsel for petitioners appears well founded because in remote area of villages, power supply is not proper, everyone is not well-versed in operating the computer non-availability and failure of server may be one of just reasons for submitting the forms. 7. The argument that on the last day i.e., 31.12.2013 lacs of forms were accepted supports petitioners' submission, as it was bound to be overloaded. Students had a right to submit forms till last date as such submission of learned State Counsel that students should have applied earlier has no force. 8. Education has to be principal concern of the State. Scheme aims at empowerment of scheduled castes and other specified students. Thus a view that promotes and advances the purpose of beneficial scheme has to be taken. 9. In these circumstances, in order to give effect to the Scheme launched by the Government, I direct the respondents to accept the application of the petitioners within a week from today. It is further clarified that no further extension will be granted. If the applications are submitted within the stipulated period, same will be entertained and processed by the authorities in accordance with law. Writ petitions are disposed of accordingly.