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Allahabad High Court · body

2017 DIGILAW 173 (ALL)

Vaishnavi Degree College v. State of U. P.

2017-01-12

SUNEET KUMAR

body2017
JUDGMENT Suneet Kumar,J. Heard learned counsel for the petitioners, learned Standing Counsel for respondent no.1, Sri Saroj Yadav appearing for respondent Allahabad University and Sri Neeraj Tiwari for the Kanpur University. Following orders were passed in the matter on 6.12.2016: - Grievance of the petitioner is that University is charging examination fee from students, admitted by the Institution, belonging to Scheduled Castes/Scheduled Tribes. It is stated that as per the scheme framed by the State Government for scholarship/fee reimbursement, such liability has been taken over by the State Government and as such, the University ought not to charge such amount towards the examination fee from the petitioners. Shri Neeraj Tiwari, learned counsel appearing for the respondent No. 2 states that he has obtained instruction in the matter and the concerned University has taken a decision, not to charge any examination fee from the SC/ST students, which is covered under the scheme for fee reimbursement of the State. Petitioner is permitted to serve respondent No.3 by Dasti. Petitioner shall take steps and requisites for service of notice be issued by the office within three days thereafter. Affidavit of service shall be filed on the next date. Put up as fresh on 14th December, 2016. Sri Saroj Yadav has entered appearance on behalf of respondent no. 3. Learned Counsel fairly states that University is prepared to take examination 2016-17 without charging examination fee of students belonging to SC/ST category to the extent claim of such SC/ST students, are covered under the policy of fee reimbursement enforced by the State. It is pointed out that as per applicable policy dated 17.11.2014 up to 40% of the total seats could be filled by SC/ST category students. Learned counsel for the petitioners states that the number of students admitted in SC/ST category is less than 40% of the total sanctioned seats, and all SC/ST category students are therefore, covered under the scheme of the state for fee reimbursement and scholarship. The claim of petitioners is otherwise covered under the Government Order dated 17.11.2014. In such view of the matter, this petition stands disposed off, with the observation that the respondent University shall accept examination forms, without charging any examination fee, in respect of SC/ST students up to an extent of 40% of total sanctioned seats, claim whereof is covered under scholarship/fee reimbursement Scheme of the State. In such view of the matter, this petition stands disposed off, with the observation that the respondent University shall accept examination forms, without charging any examination fee, in respect of SC/ST students up to an extent of 40% of total sanctioned seats, claim whereof is covered under scholarship/fee reimbursement Scheme of the State. The issue, on merits, otherwise stands concluded by the judgemennt of this Court in Pt. Ram Nagina Smarak, Mahavidyalaya, Jokahara, Azamgarh and Others V. State of U.P. and others, reported in 2014 (11) ADJ 74 . With the aforesaid observations, writ petition stands disposed off.