Sunil Kumar & 12 Ors. vs State Of U.P. Thru. The Secy. ...
2011 Latest Caselaw 4539 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 5461 of 2011
 

 
Petitioner :- Sunil Kumar & 12 Ors.
 
Respondent :- State Of U.P. Thru. The Secy. Social Welfare & 5 Ors.
 
Petitioner Counsel :- Shamsher Yadav Jagrana
 
Respondent Counsel :- C.S.C.,S.P. Shukla
 

 
Hon'ble Shabihul Hasnain,J.

Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri S. P. Shukla for the Lucknow University.

The petitioners are the students of 3rd Semester of Lucknow University. They belong to backward and minority class category. Their cases were covered by the G.O. issued from time to time for providing economic help in the form of "Zero Fee". Under that scheme all the students whose economic condition was not good and their family income was less than rupees one lakh per year, were granted this exemption under the scheme. The University was required to give them admission without fee and later on their fee was reimbursed by the State Government to the University.

The poor petitioners got admitted in the University under this benevolent scheme of the Government. They are in the middle of their educational course. Suddenly, an Order dated 6.7.2011 has been issued, by which this facility has been stopped for particular class of members namely backward, minority and general category. The scheme remains intact for SC ST candidates. The said G.O. dated 6.7. 2011 has been issued for this session, in which the petitioners are studying. The said G.O. has been placed before this Court, through supplementary affidavit.

The petitioner has argued that this G.O. is in complete violation of the Article 14 of the Constitution of India. This selective classification, which has no nexus with the object sought to be achieved cannot be allowed. The scheme was with the purpose to help the person who comes below a particular economic strata. No discrimination on the basis of caste, or religion can be exercised under the Constitution of India.

Prima-facie a case is made out in favour of the petitioners.

Let counter- affidavit be filed within four weeks. Rejoinder- affidavit, if any, may be filed within one week thereafter.

Meanwhile, the operation and implementation of the G.O. dated 6.7.2011 shall remain stayed. The University is directed to accept the forms of the petitioners without charging any fee from them. The State Government is also directed to reimburse the fee of the students to the University, if the University claims the fee of the students, expeditiously, as it was being done earlier and in the case of SC and ST candidates at present.

The University is directed to condone the delay in filling up the forms.

List this case after four weeks.

Order Date :- 9.9.2011

RKM.