Himachal Pradesh High Court
Miss Jasveer Kaur vs Union Of India & Ors on 28 October, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
2024:HHC:10409
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP Nos.7944, 5243, 5244 and 7947 of 2021
Date of Decision: 28.10.2024
________________________________________________________________
1. CWP No. 7944 of 2021
Miss Jasveer Kaur
.......Petitioner
Versus
Union of India & Ors.
... Respondents
2. CWP No. 5243 of 2021
Miss Yukita Devi
.......Petitioner
Versus
Union of India & Ors.
... Respondents
3. CWP No. 5244 of 2021
Miss Tanvi Rehal
.......Petitioner
Versus
Union of India & Ors.
... Respondents
Miss Anchal Rani
.......Petitioner
Versus
Union of India & Ors.
... Respondents
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner(s): Mr. Shakti Bhardwaj, Advocate vice Mr.
Ravi Tanta, Advocate.
For the Respondents: Mr. Nand Lal Thakur, Senior Panel
Counsel, for respondent No.1.
Mr. Anup Rattan, Advocate General with
Mr. Rajan Kahol, Mr. Vishal Panwar & Mr.
B.C.Verma, Additional Advocate Generals
Whether the reporters of the local papers may be allowed to see the judgment?
2024:HHC:10409
and Mr. Ravi Chauhan, Deputy Advocate
General, for the State.
__________________________________________________________________
Sandeep Sharma, Judge(oral):
Precisely, the grouse of the petitioners, as has been
highlighted in the petitions and further canvassed by Mr. Shakti
Bhardwaj, learned counsel for the petitioners is that despite
repeated requests, respondents are not taking adequate steps for
grant/release of Post Matric Scholarships to the petitioners, who
belong to SC/ST/OBC categories in terms of scheme formulated by
the Ministry of Social Justice and Empowerment (Department of
Social Justice and Empowerment), Government of India.
2. Documents adduced on record clearly reveal that
scholarship, as prayed for, by the petitioners could not be
granted/released on account of unavailability of funds, however
reply filed by the respondent-Union of India clearly reveals that
amount has been released by the Government of India to the State
of Himachal Pradesh, enabling it to release the same in favour of the
eligible students under Post Matric Scholarships scheme.
3. During proceedings of the case, learned Additional
Advocate General made available copy of instructions dated
21.9.2024, imparted by the Director Higher Education, perusal
whereof reveals that neither petitioners nor their representatives
visited the office of respondent No.3 enabling him to resolve the
dispute in terms of order dated 8.7.2024, whereby this Court having
2024:HHC:10409
taken note of the fact that amount stands released by the
Government of India, specifically directed the petitioners to visit the
office of respondent No.3 to resolve the dispute. Though factum
with regard to eligibility of the petitioners for receipt of scholarship
in question is not in dispute, rather stands duly admitted, but
probably amount is not being released by the State Government for
want of documents. It also emerges from the pleadings adduced on
record by the respondent State that bank accounts of the petitioners
are also required to be validated.
4. Learned counsel for the petitioners, while fairly
admitting default committed by the petitioners in as much as they
failed to visit the office of respondent No.3 submits that petitioners
shall make themselves present in the office of respondent No.3
within two weeks, enabling said authority to consider their prayer
for grant of scholarship under the Post Matric Scholarships scheme.
Learned Additional Advocate General states that as and when
petitioners approach respondent No.3, their prayer for release of
scholarship under the afore scheme, shall be considered and
amount due, if any, shall be released, subject to their furnishing
requisite documents.
5. Consequently, in view of the fair stand adopted by the
learned Additional Advocate General, nothing remains to be
adjudicated in the instant petitions and accordingly, same are
disposed of with direction to the respondents to consider and decide
2024:HHC:10409
the prayer of the petitioners for release of scholarship under Post
Matric Scholarships scheme, expeditiously, preferably, within two
days of their visit to the office, but subject to production of relevant
documents. Liberty is also reserved to the petitioners to file
appropriate proceedings before appropriate court of law, if they still
remain aggrieved. Pending applications, if any, also stand disposed
of.
October 28, 2024 (Sandeep Sharma),
manjit Judge
