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2019 DIGILAW 259 (UTT)

KM. BHAWNA v. STATE OF UTTARAKHAND

2019-03-29

SHARAD KUMAR SHARMA

body2019
JUDGMENT Hon'ble Sharad Kumar Sharma, J. Since the common questions of law and facts are involved in the above numbered writ petitions, hence these are being taken up together and adjudicated by this common judgment. 2. The petitioners of all the connected writ petitions, who belong to reserved category candidates, have filed the present writ petitions praying for a writ of mandamus commanding the respondents to disburse the scholarship/grant for the Financial Years 2014-15, 2015-16 & 2016-17, which they contend that they were otherwise entitled in accordance with the Family Welfare Scheme as floated by the State Government by virtue of various Government Orders issued from time to time for the upliftment of the oppressed lower class of the Society. 3. This scholarship thus directed to be granted to reserved category of candidates, in fact, was an incentive or an encouragement for the weaker sections of the society to place them at a common pedestal with the other citizen of the country or other superior class of the society. It's not only that the petitioners have also in the writ petitions placed reliance on a judgment rendered by the coordinate Bench of this Court in Writ Petition No.3390 (M/S) of 2017, Gauri Tarafdar vs. State of Uttarakhand and others and Writ Petition No.3391 (M/S) of 2017, Nivedita Mandal vs. State of Uttarakhand and others, wherein admittedly, the State during the pendency of the writ petition paid the scholarship and has deposited the scholarship payable to the Scheduled Castes candidates of those writ petitions by crediting the same in their personal accounts. 4. A reference of the said order as passed by the coordinate Bench of this Court has been made in Annexure No.8 to the writ petition. During the intervening period, when the petitioners sought to press for their claim for the grant of scholarship, a controversy came into consideration before the Division Bench of this Court in PIL No.92 of 2012, Pradeep Dutta vs. State of Uttarakhand and others, wherein, as per the averments made in paras 5, 6 and 10 the counter affidavit filed by the respondent No. 6, the same read as under: “5. That the Fee Regulatory Committee under the Uttarakhand Unaided Private Professional Education Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 and amended Act, 2010 has not approved the fee structure for the said Droan College of Nursing at Rudrapur, therefore, the scholarship to the SC candidates for the year 2014-15, 2015-16 and 2016-17 could not be paid inasmuch as the scholarship is granted to the said institutions only, where the Fee Structure Committee has determined the fee structure of the student. 6. That it is submitted that finally the Medical Education Department, Government of Uttarakhand has determined the fee structure for the ANM Course, GNM Course, B.Sc. Nursing, Post Basic B.Sc. Nursing and M.Sc. Nursing respectively for State quota seat and management quota seat. True/correct typed version/copy of Office Memorandum dated 22.09.2017 is being filed herewith and marked as Annexure No.CA-1 to this affidavit. 10. That in reply to the contents of para no. 2, 3 & 4 of the writ petition it is submitted that for the speedy disposal of the applications seeking scholarship Government Orders dated 14.11.2014 and 15.07.2017 were issued providing for online registration of the applications for granting scholarship to the SC/ST/OBC and handicapped candidates. Clause 10 of the Government Order dated 14.11.2014 specifically provides that the concerned institutions, where the students are undergoing studies has to apply online for scholarship to the District Social Welfare Officer and for information its hard copy had also to be supplied to the University/State Government/students indicating the fee prescribed by the Fee Regulatory Committee till 25.12.2015 and the said date of 25.12.2015 had extended till 10.3.2016 and thereafter no further instructions were received to extend the said date of 10.3.2016. The application of the students studying in Droan College of Nursing, Rudrapur were recommended online by the said institution on 14.11.2016 and since the financial year 2015-16 came to end on 31.03.2016, therefore, the said online application made by the institution on 14.11.2016 was not admissible and no instructions from the department were received for payment of the scholarship in the financial year 2016-17 of the Scholarship pertaining to 2015-16 and since the online application was not made till 10.3.2016 as said above, therefore, the students could not be provided scholarship for the year 2015-16. It is submitted that since the application for the year 2015-16 were forwarded online on 14.11.2016, therefore, the software recommended the said application for the year 2016-17. It is submitted that the institution ought to have applied through renewal option, but the application for the previous years were applied fresh by the said Droan College of Nursing, Rudrapur and the software accepted the applications of the institution as the fresh application. It is submitted that workshop at Vikas Bhawan in Udham Singh Nagar was also organized to educate the concerned institutions and the institutions were invited to take part in the workshop. The rest funds allotted for the financial year 2015-16 have been surrendered to the State Government after its use till 31.03.2016." 5. It was the Committee which was directed to be constituted for settlement of the scholarship benefits and it's modalities of payment and regards determining the entitlement of persons. In view of the direction as issued by the Division Bench of this Court vide its judgment dated 12.06.2018, while striking of the amendment made in the Amending Act of 2010 in the Act of 2006, under Section 4(1)(a) and Section 12(1)(a), the Division Bench was pleased to issue direction to the State Government to send the proposal to the Hon'ble the Chief Justice of the State for nominating a retired High Court judge to act as a Chairman of the Admission and the Fee Regulatory Committee as well as the Chairman of the Appellate Authority. In the counter affidavit, the only difficulties which has been expressed by the respondents for not being able to grant scholarships to the petitioners was due to non constitution of the Admission and Fee Regulatory Committee as directed by the Division Bench's judgment dated 12.06.2018. 6. This writ petition was taken up on 18.03.2019 and following direction was issued:- “Due to inaction or delayed action by the State Agencies, the petitioners who are entitle for the scholarship and they cannot be deprived of it. While posting this writ petition for its consideration in the week commencing 25.03.2019, this Court directs the respondent nos. 1, 2 and 3 to ensure to negotiate among themselves and take a decision with regards to the payment of this scholarship and inform the same to the Court through the Standing Counsel for the State on the next date fixed." 7. 1, 2 and 3 to ensure to negotiate among themselves and take a decision with regards to the payment of this scholarship and inform the same to the Court through the Standing Counsel for the State on the next date fixed." 7. Later on, on the next date fixed, the learned counsel for the respondent yet again had expressed the difficulty pertaining to constitution of Fee Fixation Committee as directed by the Division Bench of this Court. To resolve the controversy, the learned Standing Counsel was directed to seek necessary instructions from the State Government as to whether any nomination has been made by the Hon'ble the Chief Justice of Uttarakhand High Court, to the Chairman of the State Fee Regulatory Committee. The learned Standing Counsel for the State has placed before this Court a Government Order No. 953(1)/XXIV(3)/2019-01(30)2016 dated 29.01.2019, whereby the Hon'ble the Chief Justice of High Court of Uttarakhand, Nainital had already nominated a retired Judge of Himachal Pradesh High Court, as the Chairman of the Fee Fixation Committee. Thus, the impediment, which has been pleaded in the counter affidavit with regard to the inability on part of the respondents in paying the scholarship fee to the petitioners or its settlement now stand overridden and resolved by the said nomination of the Chairman of the Committee and it is hoped and trusted that after the said notification, the Fee Fixation Committee must have been constituted by the State and made functional. 8. On account of the aforesaid developments, this writ petition is being disposed of with direction to the Fee Fixation Committee, thus constituted in pursuance of the directions issued by the Division Bench of this Court on 12.06.2018 as well as the notification dated 293.01.2019 to rationally consider the claim of the petitioners for the grant of scholarships as claimed by them in the writ petitions and to take an appropriate decision on the same within a period of one month from the date of presentation of the certified copy of this order. 9. Subject to the above observation, the writ petition stands disposed of. 10. Let a copy of this order be kept in each of the writ petition.