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2017 DIGILAW 435 (UTT)

KAMLA ARYA v. STATE OF UTTARAKHAND

2017-08-10

SUDHANSHU DHULIA

body2017
JUDGMENT Hon'ble Sudhanshu Dhulia, J. (Oral) The petitioner before this Court claims benefit of the Government Order dated 27.12.2006, by which she was liable to get a one-time financial aid of Rs. 25,000/- (which has now been increased to Rs. 50,000/-). By the said Government Order a Scheme has been introduced by the Government, which is known as “Kanya Dhan Yojna" under a socially beneficial legislation scheme of Social Welfare Department, Government of Uttarakhand. The purpose of the Scheme is to check the alarming rate of student drop out amongst girl children in secondary schools. Initially, as per the Scheme, any girl child who appeared in the intermediate examination and who belonged to a scheduled caste community was liable to be given one-time financial aid of Rs. 25,000/-. This Court has been informed at the Bar that subsequently all girl children belonging to economically marginalized group have been included in the said Scheme, provided thefamily should have an annual income of less than Rs. 15,976/- in rural areas and Rs. 21,206/- in urban areas. 2. As per the Government Order dated 27.12.2006, a candidate had to apply before 31st July, which was subsequently extended upto 30th September. The District and State authorities had to advertise the said scheme in atleast two newspapers having wide circulation in the area and thereafter the eligible candidate had to apply within one month. 3. Admittedly the petitioner, who is a girl child, appeared and passed the intermediate examination in the year 2012. According to the petitioner, though she applied well in time and also sent reminders thee for but she was not given the benefit of said Scheme. 4. In the counter affidavit, it has been stated that the authorities had not received the application of the petitioner within the stipulated period. However, the case of the petitioner is that the Government itself has failed inits statutory duty, inasmuch as they had to publicize the Scheme in atleast two newspaper having wide circulation in the area. As per the State in its counter affidavit, only one advertisement was given in a newspaper, namely, “Nanda Times". 5. “Nanda Times" is admittedly not a newspaper having wide circulation in that area, where the petitioner sides. It is not even a daily newspaper. As per the State in its counter affidavit, only one advertisement was given in a newspaper, namely, “Nanda Times". 5. “Nanda Times" is admittedly not a newspaper having wide circulation in that area, where the petitioner sides. It is not even a daily newspaper. Therefore, this Court is of a considered view that there has been a violation of conditions of the Scheme, inasmuch as considering the nature of the scheme which is beneficial for the poor and marginalized, it was fundamental for the success of the scheme that the scheme itself had to be widely circulated and must have been brought to the notice of all eligible candidates. 6. Education amongst girl child is hardly getting the attention it deserves. Therefore, the Government orders dated 27.12.2006 and 03.10.2008 is highly commendable. This is not only beneficial for encouraging education amongst weaker section but the focus is on girl child and if implemented in its true letter and spirit it is definitely going to check the alarming rate of drop outs of a girl child in schools. The problem again, however, is regarding the implementation of the scheme itself and it is the considered view of this Court that though the initiative of the State is noble in bringing the scheme, however, the implementation of the scheme leaves much to be desired. The scheme has not been properly advertised as is the intention of the scheme clearly stipulated in Government Order dated 27.12.2006, inasmuch as the scheme has not been advertised in two newspapers having wide circulation in the area. Therefore, the presumption is drawn against the State itself that they have not advertised the scheme in the manner, in which it ought to have been done. The logical conclusion of this would also be that the petitioner who was liable to be given the benefit of this Scheme has been deprived of it due to the improper implementation by the State Authorities. 7. Consequently, writ petition succeeds and is hereby allowed. Considering that as per the scheme, Rs. 25,000/- was to be given to the petitioner in the year 2012 in the form of National Saving Certificate (N.S.C.) and had the petitioner been given the benefit of the scheme in the form of National Saving Certificate well within time i.e. in the year 2012, the value would have been more than Rs. 25,000/-. 25,000/- was to be given to the petitioner in the year 2012 in the form of National Saving Certificate (N.S.C.) and had the petitioner been given the benefit of the scheme in the form of National Saving Certificate well within time i.e. in the year 2012, the value would have been more than Rs. 25,000/-. Further considering the harassment and the cost incurred by the petitioner in approaching this Court and also considering that the amount of financial aid under the scheme has now been enhanced to Rs. 50,000/-, it would serve the ends of justice if the petitioner is granted Rs. 50,000/- instead of Rs. 25,000/-, which she was liable to get in the year 2012. Therefore, a mandamus isissued to the respondents to give the petitioner an amount of Rs. 50,000/-, out of which Rs. 25,000/- should be given to the petitioner by means of a bank draft immediately and remaining Rs. 25,000/- should be given to the petitioner in form of National Saving Certificate. 8. Considering the beneficial nature of the scheme and the intention behind the scheme is to check the alarming rate of student dropping out amongst girl children in secondary schools, the State Government is directed to consider these following two measures in order to make a better implementation of the scheme. I. Considering that many of the wards, parents and guardians of such girl child may not be fully aware to take the benefit of this scheme, the onus must be placed on the Principal of the school itself and the application for such eligible girl child must be routed through the concerned Principal, apart from other measures such as wide circulation in two newspapers, weekly reminders at the relevant time to the students, distribution of pamphlets, etc. II. Apart from the Principal, the onus should also be given to the District Panchayat Raj Officer and theGram Pradhan to bring measures so that the scheme getswidely circulated amongst the eligible candidates, if it is not already being done. 9. Let a copy of this order be given to the Secretary, Education through the Registrar General for its implementation.