Sandeep Nagwanshi v. Principal Secretary, Higher Education Department
2015-07-10
RAJENDRA MENON, SUSHIL KUMAR GUPTA
body2015
DigiLaw.ai
ORDER 1. Calling in question tenability of an order Annexure P-1 dated 11.6.2015 passed by the Commissioner, Higher Education, Government of M.P., Bhopal in the matter of distribution of text books to the students belonging to scheduled caste and scheduled tribe category and in the matter of distribution of stationery for the academic session 2015-16 petitioner has filed this writ petition. It is seen that by the said circular a scheme has been formulated by the State Government by which the students belonging to a particular class of the society namely scheduled caste and scheduled tribe have been granted benefit who are prosecuting studies in Government Colleges for purchasing text books to the tune of Rs.1,500/- and stationery to the tune of Rs.500/-. It is also indicated that the aforesaid books and stationery shall be purchased and provided by the M.P.Hindi Granth Academy. 2. The grievance of the petitioner is that by directing purchase of books or supply of books from M.P.Hindi Granth Academy, the State Government is creating a monopoly and the students belonging to the scheduled caste and scheduled tribe category are being deprived from the benefit of purchasing the books published by other publishers and authors. 3. Inter alia contending that such a policy is detrimental to the interest of students belonging to scheduled caste and scheduled tribe, the writ petition has been filed. 4. Shri K.S.Wadhwa, learned Additional Advocate General, appearing on behalf of respondents argues that a policy decision has been taken by the State Government for the purchase of books in a particular manner and it has been done after decision has been taken by the experts on due deliberation. It is said that the M.P. Hindi Granth Academy is a statutory Corporation and apart from the publishing they are also supplying books published by other authors. Shri Wadhwa submits that this is a policy decision, in which no right is available to the petitioner to challenge the same and claim that only to give commission and permit the book to be purchased from open market of their choice cannot be accepted. 5. We have considered the rival contentions of the parties and we find that a benevolent scheme has been granted for purchasing the text books and a scheme has been formulated on due deliberation.
5. We have considered the rival contentions of the parties and we find that a benevolent scheme has been granted for purchasing the text books and a scheme has been formulated on due deliberation. If the petitioner feels that it is detrimental to the interest of students of a particular category, they should first represent to the State Government, ventilate their grievance and thereafter it would be for the State Government to consider all the grievance made and take steps if required for reconsideration. In this case instead of approaching the State Government and pointing out all the infirmities, this writ petition has been filed directly by the petitioner, who is shown to be a Software Engineer in Sanroj Infotech, Bhopal. 6. Keeping in view afore said, that apart once the State Government has taken a policy decision of such nature, it is not proper for this Court to interfere. Be that as it may, without entering into the controversy, for the present on merit, we direct that it would be for the competent authority of the State Government to consider the grievance of students and thereafter proceed in accordance with law. 7. We are also constrained to pass the aforesaid order because the antecedents of the petitioner does not indicate that he is a social activist who is espousing the cause of such persons. 8. With the aforesaid, this petition stands disposed of.