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2022 DIGILAW 633 (RAJ)

Sarwar Khan v. Ministry of Minority Affairs

2022-02-22

PUSHPENDRA SINGH BHATI

body2022
JUDGMENT : 1. In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned. 2. This writ petition has been preferred claiming the following reliefs: "A. The action of the respondents while not granting Merit-cum-Means Scholarship to the petitioner for the year 2013-14 on the reason of non-receipt of hardcopy of application form within time for scrutiny, may be directed to be illegal, unjust, and arbitrary and contrary to record and be set aside. B. The respondents may be directed to initiate disciplinary action against the concern officials of respondent department in regard to non issuance of scholarship to the petitioner despite his entitlement and if found guilty, then appropriate disciplinary action may be initiated for the same. C. The respondents may kindly be directed to grant Merit-cum- Means scholarship to the petitioner for the year 2013-14 forthwith with the interest at the rate of 18% per annum." 3. Brief facts of this case, as noticed by this Court, are that the petitioner, an OBC category candidate, secured admission in Five Years' Integrated B.A. LL.B Course in the Jai Narain Vyas University, Jodpur in the year 2010-11 on the basis of merit. Under the Merit-cum-Means Scholarship Scheme run by the State Government (Department of Minority Affairs), the petitioner had secured the scholarship only in respect of B.A. LL.B. First Year Course, in the year 2010 -11. 4. The issue in the present case is minute, only to the extent that the petitioner in the year 2013-14 had applied for renewal of the said scholarship though the online mode, in compliance with the requisite procedure, but was denied such scholarship benefit so requested, with the reasoning "Reason is Hard Copy does not receive within time for scrutiny". 5. Learned counsel for the petitioner submits that the petitioner is an OBC category candidate, basis the minority certificate and OBC certificate issued by the Tehsildar, Didwana, District Nagaur, at Annex-1, and that the petitioner being a suitable and eligible candidate, satisfying the criteria laid down viz. 5. Learned counsel for the petitioner submits that the petitioner is an OBC category candidate, basis the minority certificate and OBC certificate issued by the Tehsildar, Didwana, District Nagaur, at Annex-1, and that the petitioner being a suitable and eligible candidate, satisfying the criteria laid down viz. (a) of securing more than the 50% marks in earlier examinations, for the Merit-cum-Means Scholarship, as required under the at Condition (iii) thereof; (b) the candidate's parents/ guardians should not have an annual income of over Rs.2.5 lakhs, as per the Prospectus issued by the State respondents, at Annex-3, applied for the said scholarship in 2010-11 and was deemed as an eligible candidate. 6. Learned counsel for the petitioner further submits that the petitioner made the requisite application for the renewal of the said scholarship in the year 2013-14 and that said online application was printed and duly filled out by the petitioner and was submitted on 15.10.2013, at Annex-5, but was unfairly denied the scholarship on the ground that the hard copy was not received within the stipulated time period, as stated on the State respondents' website, at Annex - 6 and in the reply filed by the State respondents. 6.1 Learned counsel also submits that the petitioner, through filing of applications under the Right to Information Act, 2005 found out that the name of the petitioner was in fact included in the list of eligible candidates for renewal of scholarship for the year 2013-14, at Annex-7; the information retrieved under the said Act of 2005 clearly showed that the petitioner made the said application for renewal of the Merit-Cum-Means Scholarship well within the stipulated deadline of 10.01.2014, after the same was verified by the Head and Dean of the Faculty of Law, JNV University, Jodhpur on 27.09.2013 and subsequently the said application was printed and duly signed by the petitioner on 15.10.2013. 6.2 Learned counsel also submits that the District Minority Welfare officer, Jodhpur confirmed the fact that the petitioner's said application for renewal was received on 10.12.2013, vide letter dated 08.07.2015. 6.3 Learned counsel further submits that the petitioner also made a representation to this effect stating that the hard copy of the said application for renewal of the said scholarship was made within the stipulated time period, to the Hon'ble Cabinet Minister for Minority Affairs on 08.07.2015. 7. 6.3 Learned counsel further submits that the petitioner also made a representation to this effect stating that the hard copy of the said application for renewal of the said scholarship was made within the stipulated time period, to the Hon'ble Cabinet Minister for Minority Affairs on 08.07.2015. 7. On the other hand, learned counsel for the State respondents submits that the petitioner was rightly held eligible for the Merit-Cum-Means scholarship so granted by the Ministry of Minority Affairs, but the renewal of the said scholarship was rightly refused as the petitioner had not submitted the full application within the stipulated time frame. Learned counsel further submits that the contention of the petitioner that the application was submitted online, but the software in fact did not accept the application of the petitioner for the renewal and the same was not mentioned in the online portal. As per learned counsel, the hard copy is a pre-requisite for the verification of the online application, if made. 8. Learned counsel for the State respondents further submits that the petitioner was given the sufficient reason in regard to denial renewal of the said scholarship, through the website. 9. Heard learned counsel for the parties as well as perused the record of the case. 10. This Court observes that the petitioner is an eligible and deserving OBC candidate who has qualified for the Merit-Cum- Means Scholarship, after satisfying the criteria laid down by the State respondents and was granted the said scholarship in 2010-11. Regarding renewal of the said scholarship, the petitioner in the year 2013-14 made the necessary application through the online mode and submitted the same on the online portal, and duly signed the printed online application and submitted the same with the concerned authorities. 11. This Court also observes that the State respondents, have laid down under Annexure R/1, letter, dated 28.02.2013, issued by the Government of India (through the Ministry of Minority Affairs) wherein, with regard to the said scholarship in question, 'the last date for the submission of online applications for scholarship by students, seeking renewal was 31.12.2013' and 'the last date for the submission of duly signed printed version of online renewal application by students to State Department through respective institutes was 10.01.2014' and the same was also published, as requested under the said letter at point No.5, by the State Government in the local newspaper, namely the Dainik Bhaskar. 12. This Court observes that the information so retrieved by the petitioner under the Right to Information Act, 2005, clearly show that the application was verified by the Head and Dean of the Faculty of Law, JNV University, Jodhpur on 27.09.2013 and that the printed version of the online application was duly signed and submitted, on 15.10.2013, by the petitioner well within the deadline of 10.01.2014; the same was also received by the concerned Department on 10.12.2013, also well within the deadline of 10.01.2014. 13. This Court therefore, finds no merit in the submissions made by learned counsel for the State respondents, and finds the reason so given by the State respondents on their website, for the rejection of the said application for renewal of the scholarship of the petitioner, to be devoid of logic and fairness. 14. This Court, in light of the above made observations, the State respondents are hereby directed to grant the Merit-cum- Means scholarship to the petitioner for the year 2013-14 forthwith with the interest at the rate of 5% per annum. 15. The present petition is allowed in part, to the extent as indicated above. All pending applications stand disposed of accordingly.