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Himachal Pradesh High Court · body

2020 DIGILAW 177 (HP)

Rajinder Kumar v. H. P. Board of School Education, Dharamshala

2020-02-27

JYOTSNA REWAL DUA, L.NARAYANA SWAMY

body2020
JUDGMENT : L. Narayana Swamy, C.J. 1. Petitioner states that he belongs to Scheduled Tribe Community and has passed his matriculation from Guru Gobind Singh Private School, Mandi by securing 619 marks out of 700 marks. The Government of Himachal Pradesh through the Department of Education has launched a 'Scheme', namely, 'Thakur Sen Negi Utkrisht Chatravritii Yojna' (hereinafter referred to as the 'Scheme') with the aim and object to provide financial assistance to students belonging to Scheduled Tribe Community and under the said Scheme; the financial assistance to the tune of Rs. 11,000/- was to be given to 100 girls and 100 boys belonging to Scheduled Tribe Community of Himachal Pradesh. Since the petitioner comes within 100 male boys students, he has requested the school authority/Board to forward his name under the Scheme to the Director of Higher Education, Shimla for the purpose of scholarship and certificate, but the said school has not forwarded his name since Scheduled Tribe category was not mentioned in the matriculation certificate. 2. Learned counsel for the petitioner submits that the petitioner is eligible and qualified for scholarship since he comes within 100 male students but the school has not forwarded his name for the purpose of scholarship. He has also approached the respondent A-authority for the purpose of curing the said defect, but the' same has not been carried out. 3. Learned counsel for respondent No. 1- Board submits that since the school has not forwarded the name of the petitioner along with requisite documents, the Board has not further forwarded the same to the Government, hence no error has been committed by respondent No. 1. 4. On the other hand, learned counsel for respondent No. 3-school submits that respondent No. 3 is only a formal party, since the petitioner had taken admission in the said school after completing his matriculation. 5. Learned Additional Advocate General submits that the present petition is not maintainable and the prayer made in the petition cannot be considered after such a considerable long time, as the Scheme was only available for the financial year 2017 itself and now the amount is not available under the said Scheme. 6. We have heard learned counsel for the parties and gone through the records of the case. 7. 6. We have heard learned counsel for the parties and gone through the records of the case. 7. The prayer of the petitioner is that he secured 619 marks out of 700 marks i.e. 88.43% in his matriculation examination and comes within 100 male students for the purpose of forwarding his name for scholarship for the financial year 2017. 8. The petitioner has not impleaded the school from where he had passed his matriculation as party. A respondent for the purpose of seeking information. In this regard, it is not forthcoming whether the petitioner was available in the roll of the school where he had studied. Though the Scheme, as submitted by learned Additional Advocate General, is not now available, but the fact remains that the petitioner has approached this Court well within time in the financial year 2017 itself. The scheme has been floated by the Government of Himachal Pradesh and the Education Department was the appropriate department for the said scholarship. 9. It was not within the knowledge of the petitioner whether he belonged to Scheduled Tribe category at the time of his doing matriculation, but the fact remains that he was/is a Scheduled Tribe when he was studying in matriculation and the school must have committed an error in not forwarding the name of the petitioner to the Board for the purpose of scholarship. All these errors can be cured by the authorities concerned at any time, but in the instant case, it has not been done in the present case. 10. In the given facts and circumstances, we deem it appropriate to direct respondent, No. 1 and the concerned department to reconsider the case of the petitioner for the purpose of scholarship. Accordingly, the writ petition is disposed of by directing the respondents to provide scholarship and certificate to the petitioner under the scheme, as a special case, which may further encourage the petitioner to excel his career. The above exercise be carried out within a period of four weeks. The writ petition is disposed of in above terms, so also the pending miscellaneous applications, if any.