Pooja Ramesh Wagh vs The Union Of India And Others
2021 Latest Caselaw 982 Bom

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                                                                 wp3185.19.odt

              IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD

                         WRIT PETITION NO. 3185 OF 2019

 Pooja D/o Ramesh Wagh,
 Age : 18 years, Occ. Student,
 R/o at post Nathnagar Pathardi
 Tq. Pathardi, District Ahmednagar             ...PETITIONER

          Versus

 1.       The Union of India,
          Through its Secretary,
          Science & Technology Department,
          Ministry of Science and
          Technology,
          New Delhi

 2.       The Director of INSPIRE
          Programme Division,
          Department of Science and
          Technology,
          Technology Bhavan,
          New Mehrauli road,
          New Delhi

 3.       The Principal,
          Shri Anand College,
          Pathardi, Tq. Pathardi,
          District Ahmednagar                  ...RESPONDENTS


 Mr A.N. Kakade, Advocate for the petitioner;
 Mr Ajay Talhar, A.S.G.I. for respondents No.1 & 2;
 Mr P.R. Nangare, Advocate for respondent no.3

                                 CORAM : SUNIL P. DESHMUKH
                                              AND
                                         ABHAY AHUJA, JJ.

                                 DATE    : 15-01-2021





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 ORAL JUDGMENT (Per Sunil P. Deshmukh, J.)

1. Rule. Rule made returnable forthwith. Heard the learned

counsel appearing for the parties fnally by consent.

2. "Innovation in Science Pursuit for Inspired Research",

abbreviated 'INSPIRE', is a programme sponsored and managed

by department of science and technology, Government of India,

with an object to build critical human resource pool for

strengthening and expanding the science and technology system

and research and development base.

3. INSPIRE programme sponsors scholarship to students who

have passed 12th standard within 1% of toppers in school board

at class level and it is abbreviated as 'SHE' (Scholarship for

Higher Education). To beneft from the programme, students

have to qualify to the prescribed criteria and have to enroll

themselves for B.Sc./Integrated M.Sc. level and have to enroll

themselves for flling the application form along with the required

documents.

4. The petitioner's case is that she had secured 83.54%

marks in 12th standard Science from Swami Vivekanand Vidya

Mandir, Susare, Taluka Pathardi and had taken admission to

Anand college, Pathardi in B.Sc in respondent no. 3 College.

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Additionally, it is also being referred to that she has secured 97%

in frst year B.Sc.

5. Petitioner, being eligible, had submitted an online

application form after advertisement under INSPIRE - SHE had

been published by the department of science and technology.

While the form had been submitted, under oversight had sent

the blank endorsement form i.e. without college stamp and

principal's signature. It is the case of the petitioner, there was

no modifcation or editing facility provided in the website to

overcome/remove such mistake/lacunae. The petitioner does not

have electronic communication facility nor internet facility at

home, she is from rural area. Later, while she checked her email,

with the colleagues, she came to know that on 22-05-2018 the

website refers to rejection of petitioner's application due to

submission of blank form without college stamp and

endorsement of the principal. The petitioner had met the

principal thereafter immediately and it appears, correspondence

ensued with the INSPIRE authorities in July and August, 2018.

As the correspondence was not being responded to, petitioner is

before this court.

6. In their response, respondents no.1 and 2, viz. The director

of INSPIRE and the union of india, refer to that the criteria to

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ascertain eligibility of candidate for grant of scholarship under

INSPIRE - SHE studying in B.Sc. or integrated M.Sc. or integrated

M.S. in specifed basic and natural science subjects is by means

of endorsement certifcate, a blank format of which is to be

downloaded from the website and is required to be signed by the

principal of college where the student is enrolled. It is being

referred to that petitioner's application form was received online.

The application had been evaluated as per norms of INSPIRE -

SHE and the petitioner was found to have uploaded totally blank

endorsement certifcate constituting an incomplete application

and, thus, had been liable to be rejected and had accordingly

been rejected. It is referred to that it is an online process with no

mode other than online which automatically works and closes

after prescribed period on submission of documents and there is

no scope to upload and submit any document subsequently.

Thus, it had not been possible to consider the request of

petitioner under representations from time to time. It is further

being referred to that the authorities have every sympathy with

the petitioner but it was not possible to consider her prayer.

7. Having regard to that, while the department of science and

technology (ministry of science and technology) purports to

pursue innovation in science pursuit for inspired research and the

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striking feature of the programme being that it does not believe

in conducting competitive examinations for identifcation of

talent at any level, but believes in and relies on the efcacy of

the existing educational structure for identifying the talent, while

it appears that the uploading of blank endorsement form was an

inadvertent human error, which is not a disputed position, a

stickler's approach appears to have been resorted to. It appears

to be that to be among top 1% in the state board 12 th standard

examination or central board examination is the criterion for

being eligible to have beneft of the scheme. It would, therefore,

be expedient that while the petitioner claims to be in top 1% in

the board examination and has been pursuing courses in natural

and basic sciences at B.Sc. or integrated M.Sc. level and if her

claim is found to be proper, for an inadvertent lapse occurring

and while system does not provide for a chance for rectifcation,

even for human errors, an eligible candidate, pursuant to the

scheme may not be deprived of of legitimate entitlement.

8. We, therefore, consider it in the peculiar facts and

circumstances which largely are undisputed, to be expedient to

direct the 2nd Respondent to consider the request of petitioner

and take a proper decision on the same, which may propagate

the object underlying the scheme.

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9. As such, the writ petition is allowed in terms of prayer

clause (C). We hope that decision would be taken as early as

possible, preferably within a period of four weeks from the date

of receipt of writ of this order. Rule is made absolute accordingly.

      (ABHAY AHUJA)                   (SUNIL P. DESHMUKH)
         JUDGE                                JUDGE


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