Krishna Institute of Technology And Management v. State of U. P.
2014-11-12
D.Y.CHANDRACHUD, P.K.S.BAGHEL
body2014
DigiLaw.ai
JUDGMENT Pradeep Kumar Singh Baghel, J. In a petition, under Article 226 of the Constitution, the petitioners seek to question the constitutional validity of Rule 5 (iii) of the Uttar Pradesh SC/ST Dasmottar Chhatravratti Niyamawali, 2014, as amended. By the amended rules, the Government has defined the eligibility for the grant of scholarships to students who are undergoing a full time course. 2. The issue before the Court, at the outset, is whether such a petition can be maintained at the behest of the petitioners, which are institutions and are authorized to conduct distance programmes in Engineering, Information Technology and Management streams. 3. We are of the view that a petition questioning the validity of such a condition which has been imposed in the rules cannot lie at the behest of the Management. The aggrieved students, if any, would be at liberty to move the Court. Any observation made on the merits of the constitutional challenge in a proceeding such as the present will cause serious prejudice to the rights of the aggrieved individuals, in the event the Court were not to accept the constitutional challenge. We however, expressly clarify that we have not expressed any opinion on the merits of the grievance and are not entertaining the petition on the ground of a lack of maintainability of the petition at the behest of the petitioners before the Court. The petition is, accordingly, dismissed. There shall be no order as to costs.