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2017 DIGILAW 1711 (JHR)

Court on its own motion v. State of Jharkhand through the Chief Secretary

2017-10-04

APARESH KUMAR SINGH, B.B.MANGALMURTI

body2017
ORDER : Heard learned Amicus Curiae and learned counsel for the Respondent State. 2. This Court took suo motu cognizance of the plight of a 19 years old differently abled Tribal girl, Anima Minz hailing from a village in Latehar district of Jharkhand on the basis of a newspaper report published in daily newspaper “Hindustan Times” in its Ranchi edition dated 31.8.2016, which depicted that her family could not afford her education for the MBBS Course, though she has cracked the National Eligibility Entrance Test (NEET). This Court therefore issued direction on 31.8.2016 to the State authorities to provide financial assistance to the girl to enable her to take admission in Grant Medical College and Sir JJ Hospital, Mumbai. 3. As per the affidavits filed thereafter by the Respondents, she was extended financial assistance of Rs.2,00,000/- (Rupees Two Lakhs) through cheque no. 908980 dated 31.8.2016 from the Hon'ble Chief Minister Relief Fund towards her admission fees, tuition fees for her 1st year MBBS Course, purchase of medical books, hostel fees and other ancillary charges. By an affidavit dated 28.9.2016 Respondents had also brought on record the scheme of Post Matric Scholarships to the students belonging to Scheduled Tribe, issued by the Ministry of Tribal Affairs, Government of India, New Delhi. Object of the scheme is to provide financial assistance to the Scheduled Tribe students studying at post matriculation or post secondary stage to enable them to complete their education. Eligibility conditions are also laid down for providing such financial assistance. Under the “Means Test”, scholarships are to be paid to the students whose parents/guardians' income from all sources does not exceed Rs.2,00,000/- (Rs. Two lakh only) per annum. The value of scholarship for different courses, provisions for Scheduled Tribe students with disability etc are also prescribed there under and it also envisages the mode of payment. The funding pattern of the scheme is implemented by the State Government and Union Territory Administrations, which receive 100% central assistance from Government of India over and above their respective Committed Liability. The level of Committed Liability of respective State Government / Union Territory Administration for a year is equivalent to the level of actual expenditure incurred by them under the Scheme during the terminal year of the last Five Year Plan period and is required to be borne by them for which they are required to make required provision in their own budget. The North Eastern States have, however been exempted from making their own budgetary provisions towards committed liability from Ninth Plan Period (1997-2002) onwards. The State Government and the Union Territory Administration while implementing the scheme are required to furnish data of beneficiaries and expenditure under the scheme to Government of India, regularly in the Quarterly Reports prescribed for this purpose. Designation Grievance Redressal Officers (GROs) at the State and District levels are required to redress students' scholarship related grievances. The scheme also envisages creation of Book Bank for Scheduled Tribe students and Course-wise pattern of assistance in setting up of Book Banks as per which the ceiling or actual cost of a set is also prescribed. 4. By the order dated 16.12.2016 this Court had observed that such welfare measure needs to be put on the public domain and publicized in an adequate manner so that the actual needy persons or students in particular in these kind of cases can avail the benefits thereof. The issue had also been discussed whether the State requires any indemnity bond while granting such assistance. As per the affidavit of the State dated 8.2.2017 there is no provision to take undertaking from the recipient of post matric scholarship scheme to serve in the State. Learned counsel for the Respondent State on instruction submits that the girl, Anima Minz has given an undertaking that after completion of her studies she would like to serve in her home State of Jharkhand as Doctor. She has however also enclosed the certificate from Dean of Grant Government Medical College & Sir JJ Group of Hospitals, Mumbai dated 28.10.2016, which requires her to serve under the Government of Maharashtra or Local Self Government or Defence Services for a period of 1 year or to pay Rs. 10,00,000/- (Rupees Ten Lacs Only) for the default. Learned counsel for the Respondent State submits that in the light of the compliance shown by the Respondents and the intent shown by the girl herself to serve in Jharkhand, the object of the public interest litigation has been achieved. It is further submitted that the scheme is adequately being publicized in newspaper in the month of May-June every year during the period such competitive examination for admission in Technical or other Courses are held for the benefit of the candidates belonging to Scheduled Tribe category. 5. It is further submitted that the scheme is adequately being publicized in newspaper in the month of May-June every year during the period such competitive examination for admission in Technical or other Courses are held for the benefit of the candidates belonging to Scheduled Tribe category. 5. Learned Amicus Curiae submits that direction may be issued upon the Respondent to also publicize the scheme by notifying it on the notice board of such Government Institutions, Schools, Colleges across the State from where students of the downtrodden strata of the society belonging to Scheduled Tribe category appear, so that it is known to them at the time of taking of competitive examination. It would go a long way to help in ensuring financial assistance to a larger number of Scheduled Tribe candidates who otherwise might be deprived of such State assistance in pursuing higher studies for want of sufficient knowledge of the Scheme. 6. We consider the proposal of learned Amicus Curiae very reasonable. Accordingly while disposing of this Public Interest Litigation, we issue direction upon the Welfare Department; Department of Health, Medical Education, Family Welfare; Department of School Education and Literacy; Department of Higher and Technical Education and Skill Development under the Government of Jharkhand to take adequate measures to disseminate information about this scheme and such other schemes prevalent under the Central or the State Government which intend to provide financial assistance to the needy candidates belonging to Schedule Tribe category or any such other category through these Government Institutions, Schools and Colleges at appropriate stages of the academic calender every year by putting up on the notice boards and such other means. The Principal Secretaries of the concerned Departments would ensure compliance of the instant direction within a reasonable time, preferably within a period of 12 weeks from the date of receipt of copy of this order. 7. The writ petition is disposed of accordingly.