Punjab-Haryana High Court
Vms Institute Of Nursing And ... vs State Of Punjab And Another on 9 January, 2025
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2025:PHHC:004222
CWP-13761-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
297 (12 cases) CWP-13761-2024 (O&M)
Date of Decision :09.01.2025
Akashdeep and others ...Petitioners
Versus
State of Punjab and others ....Respondents
CWP-13784-2024
Harjit Lal and others ...Petitioners
Versus
State of Punjab and others ....Respondents
CWP-13946-2024
Neha and others ...Petitioners
Versus
State of Punjab and others ....Respondents
CWP-18853-2024
VMS Institute of Nursing and Paramedical
Science and another ...Petitioners
Versus
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State of Punjab and another ....Respondents
CWP-20650-2020
Malwa Education Council Bondli
and another ...Petitioners
Versus
Union of India and others ....Respondents
CWP-22349-2024 (O&M)
Harpreet Kaur and others ...Petitioners
Versus
State of Punjab and others ....Respondents
CWP-27886-2024
Janak Raj and others ...Petitioners
Versus
State of Punjab and others ....Respondents
CWP-30416-2024
Khalsa College of Engineering and Technology ...Petitioner
Versus
State of Punjab and others ....Respondents
CWP-30759-2024
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Ajit Nursing College, Sunam ...Petitioner
Versus
State of Punjab and others ....Respondents
CWP-31288-2024
DIPS Institute of Management of Technology
and others ...Petitioners
Versus
State of Punjab and others ....Respondents
CWP-4521-2023
Guru Teg Bahadur IET and others ...Petitioners
Versus
The Secretary, Govt. of India, Ministry of Social Justice
and Empowerment and others ....Respondents
CWP-7804-2018 (O&M)
The Managing Committee Akal College of
Pharmacy and Technical Education, Mastuana
Sahib, Sangrur ...Petitioners
Versus
Union of India and others ....Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
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Present: Mr. Yagyadeep Advocate & Mr. Rajesh Kumar &
Mr. Vinay Begra, Advocate for the petitioners
in CWP-27886,13761,13946,13784 & 22349-2024.
Mr. Puneet Sharma, Advocate for the petitioners
in CWP-18853, 30759 & 31288-2024.
Mr. Amandeep Singh, Advocate
for petitioner in CWP-13761-2024.
Mr. Bhushan Bhatia, Advocate (through Video conferencing)
for the petitioner in CWP-4521-2023.
Mr. Pawan Kumar, Senior Advocate with
Ms. Vidushi Kumar, Advocate for the petitioner
in CWP-7804-2018.
Mr. A.P.S. Sandhu, Advocate with
Mr. Ashish Kaushik, Advocate for the petitioner
in CWP-30416-2024.
Mr. Vipul Aggarwal, Sr. Panel Counsel for respondent-UOI
in CWP-7804-2018.
Mr. Deep Inder Singh Walia, Advocate for respondent No.4
in CWP-22349-2024.
Mr. Subhash Ahuja, Advocate
for respondent-Panjab University.
Mr. Satya Pal Jain, Additional Solicitor General with
Ms. Gurmeet Kaur Gill, Advocate for respondent-UOI
in CWP-27886,13761,13784,13946,22349,30416,30759,
31288 of 2024 & CWP-4521-2023.
Ms. Sangeeta Srivastava, Advocate for responden-UOI
in CWP-20650-2020.
Ms. Shruti, AAG, Punjab.
***
Harsimran Singh Sethi, J. (Oral)
1. By this common order, above mentioned twelve writ petitions
are being disposed of as all the writ petitions involve the same question of
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law on similar facts.
2. Learned counsel for the petitioners submits that the original
documents including mark sheets, degree, character certificate and other
documents which are needed by the students, who had studied in the
respective respondent-College have been retained by the college concerned
on the ground that the fees which is to be charged by the College on the
course undertaken by the petitioner-student was to be reimbursed by the
State has not been received by the College.
3. Learned counsel for the petitioners, who are students further
submits that documents cannot be retained by the College and in case, any
grievance of the College qua the recovery of fees exists against the State of
Punjab or Union of India, the claim should be raised against them. Learned
counsel for the students further submits that the judgment of the Coordinate
Bench of this Court in CWP-19728-2021 titled as, Meena Kumari vs. State
of Punjab and others, decided on 20.0-9.2023 granting the relief as being
sought by the petitioners herein, a direction has already been given to the
State as well as to the Panjab University to release the original documents of
the students for which they are entitled for keeping in view the studies
which they have undergone in the respective institutions without insisting
for the payment of the fees from the students qua which the respondent-
State is liable but still, in defiance of the said judgment, the documents of
the petitioner-students are not being released.
4. Learned counsel appearing for the Institution(s) including the
University concerned submits that within a period of 15 days from today
whatever documents the petitioners are seeking, will be released to them.
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5. Learned counsel appearing for the Institution(s) further submits
that as the Institution(s) have incurred certain expenditure on the studies of
the petitioners which are not being reimbursed to the Institutions by the
Union of India or the State Government, appropriate direction be given to
the appropriate authority to reimburse the same in a time bound manner so
that institution(s) does not suffer any financial distress.
6. Learned State counsel submits that 40% of the entitlement of
the Institution(s) has already been given to them and remaining 60% is to be
paid by the Government of India under the terms and conditions of the Post
Matric Scholarship Scheme, Punjab for Schedules Castes.
7. Learned counsel appearing on behalf of respondent-Union of
India submits that Union of India has already given its share to the State
Government and no arrears remains to be paid.
8. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
9. As per the averments, which have come on record, the students
who have studied under the Post Matric Scholarship Scheme, Punjab belong
to Schedules Castes, their original testimonials and certain other documents
which they require either for pursuing higher studies or for any other
purpose, have been withheld by the Institution(s) concerned where they
have studied. The Panjab University, which is the affiliating University, has
also not released the same on the ground that fees which was supposed to be
given to the University either by the students or by the Institution(s)
concerned, has not been received.
10. Learned counsel for the respondent-State contends that State's
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share has already been paid either to the students or to the institution(s)
concerned whereas, the Government of India is claiming that they its share
has been paid to the State of Punjab.
11. It is very surprising that Union of India and Government of
Punjab claim to have discharged their liability and in case, the said fact is
true, then where has the said money gone, in case, the same has not been
reimbursed to the Institution concerned or by the University. There is a clear
mischief either on the part of the State of Punjab or Government of India or
Institution(s) concerned due to which the reserved category students
concerned are suffering.
12. A Coordinate Bench of this Court while passing order in
Meena Kumari (supra) has already directed the Institution(s) as well as
Panjab University not to retain any document of any student who had
studied so that the poor students, who have nothing to do with the payment
of fee either to the Institution(s) or to the Panjab University do not suffer for
further studies or for any other purpose for which, the documents which
have been retained by the Panjab University or the Institution(s) concerned
are required. Retaining of the documents of the students belonging to the
reserved category by the Institution(s) or the Panjab University is contrary
to the judgment of this Court in Meena Kumari (supra).
13. Learned counsel appearing for the Institution(s) as well as
Panjab University has not been able to rebut that under the direction given
by the Coordinate Bench of this Court in Meena Kumari (supra) they
cannot retain any document of any student on the pretext that they are yet to
receive either their tuition fee or examination fee, as the case may be.
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14. Keeping in view the above, a direction is issued to the
respondent-Institution(s) where the petitioners had studied as well as to the
Panjab University to ensure release of all the documents for which a
student is entitled including mark sheet, degree, character certificate and
any other documents relating to the period of course undertaken by him/her
within a period of 15 days from the date of receipt of copy of this order. In
case of default either on the part of the Institution(s) or by Panjab
University, the same will amount to contempt of Court apart from other
proceedings, which might be initiated against the officers of the respondent-
Institution(s) or Panjab University, whosoever violates this order.
15. Now the question arises as to whether, the Panjab University or
the Institution(s) concerned are to get their dues with regard to the tuition
fee or examination fee qua the students, who have studied under the Post
Matric Scholarship Scheme, Punjab for Schedules Castes reimbursed by the
State and Government of India.
16. Learned counsel for the respondent-State is contending that
they have made the required payment to the Institution/University qua their
share up to the year 2024.
17. With regard to the contentions of the learned counsel for the
Panjab University as well as the State of Punjab that they have paid amount
to the students concerned, who were further liable to deposit the same with
the Institution/University concerned, same cannot be accepted as it is
conceded between the parties during the hearing that up to the year 2017, no
student was being paid the amount directly and same was being paid to the
Institution(s) concerned for further transmission to the University
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concerned after deducting their dues. No record has been produced that any
of the petitioner has received any amount as the claim of the petitioners
only relates to period prior to year 2017 when concededly the
reimbursement of the amount under the Post Matric Scholarship Scheme,
Punjab for Schedules Castes was being made by the State to the
Institution(s) concerned only and not to the students, hence, the contention
of the learned counsel for the Panjab University as well as the State of
Punjab that they have paid the amount to the student concerned and the
students are liable to reimburse the Institution/University, cannot be
accepted in the absence of any proof presented before this Court.
18. Further, not even a single document has been placed on record
either by the Union of India or by the State of Punjab that any amount was
paid by them directly to any of the petitioner/student.
19. Needless to say that in case, it comes to the knowledge of the
Panjab University or Institution(s) concerned that the amount for which
they are entitled under the Post Matric Scholarship Scheme, Punjab for
Schedules Castes has been paid directly to any of the petitioner, they will be
at liberty to raise claim qua the said petitioner/student to furnish the said
amount to the University and in case, the same is not done and it is proved
that the student/petitioners had received the amount, appropriate
proceedings can be initiated by the University or Institution(s) concerned
against such student even by filing a writ petition before this Court or by
initiating proceedings under the Land Revenue Act but the University or the
Institution(s) will not retain any of the document of even such students.
20. As the dispute is between the State of Punjab and Government
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of India and the Institution(s)/University concerned, which are yet to
receive the grant under the Post Matric Scholarship Scheme, Punjab for
Schedules Castes Students a direction is issued to the Chief Secretary of the
State of Punjab and to the Secretary, Department of Social Justice and
Empowerment of Government of India to hold a joint meeting to resolve
the dispute with regard to the payment of the amount under the Post Matric
Scholarship Scheme, Punjab for Schedules Castes Students within a period
of one month from the date of receipt of copy of this order. Within a further
period of 08 weeks of the first meeting, the issue with regard to the payment
is to be resolved pending consideration between the State of Punjab and
Union of India failing which, the same will be treated as a violation of order
of this Court.
21. After resolving the issue, whatever liability of the State of
Punjab as well as of the Union of India, the same will be ascertained and the
liability of Union of India will be paid to the State Government and the
respondent-State will further discharge its liability after receiving the due
amount if any admissible to the Institution(s)/University concerned who
have already raised their claim qua the expenditure incurred for imparting
studies to the students under the Post Matric Scholarship Scheme, Punjab
for Schedules Castes. It will be the duty of the respective Departments of
the Government of India and the State of Punjab to clear the entitlement of
the respective Institutions/University upto 30.06.2025 under all
circumstances qua entitlement under Post Matric Scholarship Scheme,
Punjab for Schedules Castes
22. In case any of the Institution(s) has not raised any claim before
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the Union of India or the State of Punjab, they will be at liberty to give their
details of entitlement by filing an appropriate representation along with the
necessary documents with the respective departments of the Government of
Punjab as well as before the appropriate Department of Government of
India within a period of three weeks from today.
23. In case, any Institution(s), who has raised the claim for
reimbursement of the amount incurred under the Post Matric Scholarship
Scheme, Punjab for Schedules Castes and have not been reimbursed, they
will be at liberty to avail appropriate remedy including the initiation of
contempt proceedings against the officers of Government of India as well as
the Government of Punjab. The same liberty will be given to Panjab
University that in case, any of the entitled amount is not reimbursed. The
Panjab University will also be within its jurisdiction to raise their claim
directly before the Union of India as well as the State of Punjab. The
resolution of the said claims by the State/Union of India should be in
writing by giving the details of the stand taken by the Union of India as well
as by the Government of Punjab qua the claims raised by the respective
Institution(s).
24. Learned counsel appearing for the Institution(s) submits that
the State of Punjab is also deducting certain amounts wrongfully from their
entitled claims and the said issue will also be raised before the State of
Punjab in the representation to be filed under this order.
25. Learned counsel for the respondent-State submits that all the
issues raised in the claim including any deductions made by the
Government, will also be looked into and decided within the time frame
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granted and thereafter, whatever amount is due to the Institution(s) will be
released by passing an appropriate speaking order qua every Institute, who
has raised claim in pursuance to this order.
26. Present petitions are disposed of in above terms.
27. A photocopy of this order be placed on the files of connected
cases.
28. Civil miscellaneous application pending, if any is also disposed
of .
January 09, 2025 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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