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Allahabad High Court · body

2016 DIGILAW 238 (ALL)

of G. P. Degree College v. State of U. P.

2016-01-18

MANOJ KUMAR GUPTA

body2016
JUDGMENT Manoj Kumar Gupta, J. Counsel for the parties agree that in identical matter in writ no. 58207 of 2015, this Court passed an interim order which is to the following effect : - "The petitioner is the Committee of Management of a self financing institution affiliated to the third respondent. It claims to have admitted students in the graduation course on zero fee basis in accordance with the Uttar Pradesh Anusuchit Jati/Anusuchit Janjati Dasmottar Chhatravritt Yojana Rules, 2012. Under the said Rules, the students of Scheduled Castes and Scheduled Tribes category are to be given admission by the Management on zero fee basis. Fee is to be reimbursed by the Government. The students enter into an agreement at the time of admission with the institution for payment of fee to it after the same is reimbursed to him by the Government. The case of the petitioner is that in the institution, in pursuance of these Rules, they have admitted 277 students of Scheduled Caste and Scheduled Tribes. Thereafter, the students and the institution have provided the relevant data to the respondents for reimbursement of their fee within the time prescribed. However, so far, the fee has not been reimbursed by the Government, as a result whereof, the students have also not made payment to the institution. The respondent University is now going to hold the examination for the academic session 2015-16 for which the examination forms are required to be filled. However, the University is not accepting the examination forms without the examination fee being deposited. The case of the petitioner is that since the Government has not reimbursed the students with the fee as per the scheme, nor the petitioner has received any amount from the students and thus, the University also cannot compel the petitioner nor the students to deposit the examination fee as a condition precedent for the acceptance of the examination forms. Learned counsel for the petition has drawn the attention of the Court towards various orders passed by this Court during the last academic year when similar controversy cropped up. In one of such orders in writ petition no. Learned counsel for the petition has drawn the attention of the Court towards various orders passed by this Court during the last academic year when similar controversy cropped up. In one of such orders in writ petition no. 55508 of 2014 Basudev Mahila Mahavidyalaya, Meja Allahabad vs. State of U.P. and others, the following direction was given : - "Keeping in mind the facts of the case as also the interim order passed by a Division Bench of this Court in Special Appeal No.757 of 2014, it is hereby provided that the respondent-University will accept the examination forms from the petitioner-institution of the students belonging to the scheduled castes and scheduled tribes category, who have been admitted as per the scholarship rules of 2012 without insisting on deposit of examination fees. It is, however, clarified that as and when the students are reimbursed by the State Government, then the petitioner-institution will, after obtaining the aforesaid amount from the students concerned, make a deposit of the amount of the examination fees with the University." 2. It has also been pointed out that in pursuance of the said direction, the University vide its letter dated 30.10.2014 permitted the students of the said institution to appear in the examination without insisting on deposit of the examination fee. It is urged that the petitioner is also entitled to the similar protection, otherwise, the students will suffer irreparably and their entire year will be lost. 3. Sri Neeraj Tiwari, learned counsel appearing on behalf of the third respondent has not disputed that in the last year when similar controversy had arisen, in pursuance of the interim order passed by this Court, the students belonging to Scheduled Caste and Scheduled Tribes category were permitted to appear in the examination, without the institution depositing the examination fee, subject to the condition that after the fee is reimbursed the institution and the students will make over the amount of examination fee to the University. 4. Learned Standing Counsel has accepted notice on behalf of respondents 1 and 2 and Sri Neeraj Tiwari for respondent no.3. They are granted three weeks time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit. List thereafter. 5. 4. Learned Standing Counsel has accepted notice on behalf of respondents 1 and 2 and Sri Neeraj Tiwari for respondent no.3. They are granted three weeks time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit. List thereafter. 5. In the meantime, keeping in view the submissions made above, it is hereby provided that the third respondent shall accept the examination form of the students of the petitioner institution without insisting on deposit of examination fee as a condition precedent for acceptance of the examination forms. This benefit shall only be available in respect of Scheduled Caste and Scheduled Tribes candidates. It is further provided that as and when the students are reimbursed by the State Government, the petitioner institution will make over the examination fee to the respondent university. This is without prejudice to the right of the university to satisfy itself that the examination forms are otherwise in order." 6. In view of the above, the petitioners herein are also entitled to the same interim protection. 7. Connect with Writ Petition No. 58207 of 2015 and list alongwith it on the date fixed in the said case. 8. In the meantime, keeping in view the submissions made above, it is hereby provided that the third respondent shall accept the examination form of the students of the petitioners' institution without insisting on deposit of examination fee as a condition precedent for acceptance of the examination forms. This benefit shall only be available in respect of Scheduled Caste and Scheduled Tribes candidates. It is further provided that as and when the students are reimbursed by the State Government, the petitioner institutions will make over the examination fee to the respondent university. This is without prejudice to the right of the university to satisfy itself that the examination forms are otherwise in order.