Dayanand Dinanath Institute Of ... vs State Of U.P. And 2 Others
2013 Latest Caselaw 6072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - C No. - 52835 of 2013
 
Petitioner :- Dayanand Dinanath Institute Of Technology
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Padmesh Jain,Mohit Singh
 
Counsel for Respondent :- C.S.C.,Neeraj Tiwari
 

 
Hon'ble Dilip Gupta,J.

Dayanand Dinanth Institute of Technology, Unnao through its Secretary has filed this petition for a direction upon the State of U.P. to pay examination fees of the Scheduled Caste category students directly to the University for the session 2013-14.

Learned Standing Counsel appears for respondent Nos.1 and 2, while Sri Neeraj Tiwari appears for respondent No.3.

Learned counsel for the parties are agreed that the dispute raised in this petition is identical to that raised in Writ Petition No.768 of 2013, which was disposed of by the Court on 28th January, 2013 with the following observations:-

"Consequently, the examination forms of such students belonging to the Scheduled Castes and Scheduled Tribes category cannot be rejected by the University on the ground of non-payment of examination fees nor any penalty can be demanded in respect of such students. The University is, therefore, directed to accept the examination forms of the students belonging to Scheduled Castes and Scheduled Tribes category who have been admitted under Zero Fee Scheme without asking for any payment of examination fee or/ and penalty. The forms may be accepted accordingly. All these students may be permitted to appear in the examinations.

So far as the right of University to fee is concerned, it is provided that it may furnish a detail of the students permitted to appear in the examinations belonging to Scheduled Castes and Scheduled Tribes category along with total examination fees to be realized in respect of such students to the State Government i.e. respondent no.1 within four weeks from today. The State Government shall ensure that requisite money towards the examination fees is reimbursed to the University within four weeks thereafter.

In view of the aforesaid, the present writ petition is disposed of."

This petition is, accordingly, disposed of with the same directions as contained in the order dated 28th January, 2013 passed in Writ Petition No.768 of 2013.

Order Date :- 25.9.2013

SK