Kerala High Court
Arunima R vs Union Of India on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.20340 OF 2020(N)
PETITIONER/S:
1 ARUNIMA R
AGED 18 YEARS
D/O.RAJAN V. CHEENIKKAPARA HOUSE, CHIMBUKAD P.O.,
PALAKKAD DISTRICT, PIN.678 721
2 BABITHARAJ K.C.
AGED 19 YEARS
D/O.BABURAJ K.C., KALANGODEPARAMBIL HOUSE,
TRIKALANGODE P.O., MALAPPURAM DISTRICT, PIN-676 123
3 DIDIMA RAJAN
AGED 19 YEARS
D/O.RAJAN, PARAYILVILAKATHU VEEDU, KIZHAKKUPURAM,
KULAPPUDA P.O., THIRUVANANTHAPURAM DISTRICT, PIN.695
542
4 REMYA M.R.
AGED 19 YEARS
D/O.RAGHAVAN M.A., MANIKULAM HOUSE, KADAMMANITTA,
PATHANAMTHITTA DISTRICT.PIN.689 649
5 SANIGA A.
AGED 19 YEARS
D/O.SUGUNAN KALLEN, KALLEN HOUSE, AZHIKAL P.O.,
KANNUR DISTRICT, PIN-670 009
6 SUBINA K.
AGED 18 YEARS
D/O.BINNIAN K., P.K.BUILDING, MATHODAM,
KANNADIPARAMBA P.O., KANNUR DISTRICT, PIN-670 604
7 AKHISHA K.M.
AGED 19 YEARS
D/O.KRISHNAN K.M., THEKKEKODUMTHATTIL HOUSE,
KURAVANGAD P.O.,, KOYILANDY, KOZHIKODE DISTRICT, PIN-
673 620
8 ARYAMOL C.A.
AGED 19 YEARS
D/O.AJESHKUMAR, CHERUPUZHPAKALAYIL HOUSE,
KAVIYUR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT,
2
WP(C).No.20340 OF 2020(N)
PIN-689 582
9 ANISHA MONICHAN
AGED 19 YEARS
D/O.MONICHAN, UDANJIPARACKAL HOUSE, KAVIYUR
P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-
689 582
10 ANCY V.M.
AGED 19 YEARS
D/O.NARAYANAN, EDATHIL HOUSE, KAKKANERI,
ULLIYERI, KOZHIKODE DISTRICT, PIN-673 323
BY ADVS.
SRI.K.JAISHANKAR
SMT.K.M.SHISHA
RESPONDENTS/COMPLAINANTS:
1 UNION OF INDIA
REP.BY THE SECRETARY,
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT,
NEW DELHI.
2 STATE OF KERALA
REP.BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM.
PIN-695 001.
3 THE PRINCIPAL SECRETARY
SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
THIRUVANANTHAPURAM.PIN-695 001.
4 THE DIRECTOR
SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
THIRUVANANTHAPURAM.PIN-695 001.
5 ACCOUNTANT GENERAL
OFFICE OF ACCOUNTANT GENERAL,
THIRUVANANTHAPURAM.PIN-695 001.
6 DISTRICT DEVELOPMENT OFFICER
SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
KOZHIKODE.
7 DISTRICT DEVELOPMENT OFFICER
SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
PATHANAMTHITTA
3
WP(C).No.20340 OF 2020(N)
8 DISTRICT DEVELOPMENT OFFICER
SCHEDULED CASTE DEVELOPMENT DEPARTMENT, PALAKKAD
9 DISTRICT DEVELOPMENT OFFICER
SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
MALAPPURAM.
10 DISTRICT DEVELOPMENT OFFICER
SCHEDULED CASTE DEVELOPMENT DEPARTMENT,
THIRUVANANTHAPURAM
11 DISTRICT DEVELOPMENT OFFICER
SCHEDULED CASTE DEVELOPMENT DEPARTMENT, KANNUR
R1 BY ADV. SRI.P.R.AJITHKUMAR
R2-10 BY SPL.GP.SRI.ROBIN RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
4
WP(C).No.20340 OF 2020(N)
JUDGMENT
The writ petition was filed seeking the
following reliefs:-
"(i) Issue a writ of mandamus or any other writ, order or
direction declaring that the note in caluse VI (iii) of the
revised guidelines, 2018 for centrally sponsored scheme of
post matric scholarship to the students belonging to SC's for
studies in India by the Ministry of Social Justice &
Empowerment, GOI as illegal, arbitrary and unconstitutional.
(ii) Issue a writ of mandamus or any other writ, order or
direction to respondents 2 to 4 to continue to grant
Government of India Post Matric Scholarship to the
petitioners and other deserving students in the state based
on Exhibit P2 order."
2. The learned counsel for the first
respondent filed a counter affidavit, paragraph 8
of which reads as follows:-
"8) It is respectfully submitted that as directed
by the Hon'ble High Court of Madras in those
cases and also at the request of the State
Government of Tamil Nadu for clarification on
the matter of management quota seat admission
and scholarship, the 1st respondent has issued
following clarifications for the purpose of
PMS-SC scheme.
"If there is no arbitrariness / discretion in
the admission process and the fee for the
courses is fixed by the Fee Fixation/Fee
Rationalization Committee set up by competent
authority,the said seats may not be considered
as Management Quota seats. However, the State
Government may satisfy itself of the following
before releasing the scholarship:
WP(C).No.20340 OF 2020(N)
a. The applicants claiming scholarship
have been admitted through a transparent
process which involved calling of applications
through advertisement, preparation of ranks,
selection of the candidates on merit basis, and
publication of selection list and others as
deemed fit by the State Government.
b. Fees of courses are duly approved by
a Fee Fixation/Fee Rationalization Committee
set up by the competent authority."
3. The learned Special Government Pleader has
filed a statement producing Annexure-I order - G.O
(Ms)No.16/2021/SCSTDD dated 05.02.2021, in which it
is ordered as follows:-
"Government have examined the matter in detail
and are pleased to accord sanction for the
disbursal of educational assistance to those
Scheduled Caste category students, whose annual
family income is less than 2.5 lakhs and who,
unaware of the revised guidelines of PMS, GOI,
took admission in Management quota seats/spot
admission in the academic years 2018-19 & 2019-
20 in educational institutions inside and
outside the State, from the budget allocation
of Scheduled Castes Development until they
complete their present course, at the pre-
revised rates, as a special case and as a one-
time measure, till the completion of the
ongoing batches."
The learned counsel for the petitioners submits
that, petitioners would be benefited by the order
Annexure-1. Therefore, no further orders are
necessary in this writ petition. The writ petition
WP(C).No.20340 OF 2020(N)
is closed, recording the statements of the
respondents 1 and 3.
Sd/-
P.V.ASHA
JUDGE
hmh
WP(C).No.20340 OF 2020(N)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE REVISED GUIDELINES
ISSUED BY MINISTRY OF SOCIAL JUSTICE &
EMPOWERMENT, GOVT. OF INDIA IN APRIL
2018.
EXHIBIT P2 TRUE PHOTOCOPY OF ORDER NO.SCSTDD-
A2/299/2018-SCSTDD DATED 07.05.2019,
GOVT. OF KERALA.
EXHIBIT P3 TRUE PHOTOCOPY OF AUDIT OBJECTION REPORT
DATED 9.12.2109 ALONG WITH A TYPED COPY
OF THE SAME.
EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER NO.E2-
5713/19 DATED 19.12.2019 ISSUED BY THE
ASSISTANT DISTRICT SCHEDULED CASTE
DEVELOPMENT OFFICER, IDUKKI DISTRICT.
EXHIBIT P5 TRUE PHOTOCOPY OF THE LETTER NO.F1322/20
DATED 22.09.2020 ISSUED BY THE ASSISTANT
DISTRICT SCHEDULED CASTE DEVELOPMENT
OFFICER, PATHANAMTHITTA DISTRICT.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.A7-30069/2019
DATED 05.03.2020 ISSUED BY THE ASSISTANT
DISTRICT DEVELOPMENT OFFICER FOR
SCHEDULED CASTES, ALAPPUZHA DISTRICT.
EXHIBIT P7 THE TRUE COPY OF THE ORDER NO.A7-
31415/19 DATED 12.03.2020 ISSUED BY THE
ASSISTANT DISTRICT DEVELOPMENT OFFICER
FOR SCHEDULED CASTES, ALAPPUZHA
DISTRICT.
EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT IN
W.P.NOS.19141/19,20814/19 & 20837/19
DATED 15.10.2019 BY THE HON'BLE HIGH
COURT OF JUDICATURE AT MADRAS.
EXHIBIT P9 TRUE COPY OF THE LETTER NO.F-1322/19
DATED 22/10/2020 ISSUED BY THE ASSISTANT
DISTRICT DEVELOPMENT OFFICER FOR
SCHEDULED CASTS, PATHANAMTHITTA
WP(C).No.20340 OF 2020(N)
DISTRICT.
EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT IN
WPC.NO.22484/2008 DATED 07/09/2012 BY
THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P11 THE TRUE COPY OF THE ORDER ISSUED BY THE
HEALTH AND FAMILY WELFARE(C) DEPARTMENT
AS G.O (MS) NO.64/2020/H&FWD DATED
16.04.2020
RESPONDENT'S/S EXHIBITS: NIL
