WPMS/575/2021
2021 Latest Caselaw 902 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 15TH DAY OF MARCH, 2021
                     BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
         Writ Petition (M/S) No. 575 of 2021
BETWEEN:
Sanjay Kumar & another                   ...Petitioners
      (By Mr. Himanshu Pal, Advocate)

AND:
State of Uttarakhand & others            ... Respondents

      (By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
      State and Dr. Kartikey Hari Gupta, learned counsel for
      respondent no. 4)

                       JUDGMENT

Petitioners are pursuing B.Ed. course from Dr. Sushila Tiwari College of Advance Studies, Bhagwanpur, District Haridwar. According to the petitioners, they belong to Scheduled Caste category, therefore, they are entitled to scholarship under a Scheme of the State Government. The college, in which petitioners are studying, was affiliated with H.N.B. Garhwal University (Central University), Srinagar, Garhwal.

2. Grievance of the petitioners is that since the status of affiliation of the concerned college with H.N.B. Garhwal University (Central University), Srinagar, Garhwal is not clear, therefore, petitioners have been denied scholarship in terms of Government Order dated 13.03.2019.

3. Learned counsel for the petitioners has referred to one communication dated 10.02.2021 issued by District Social Welfare Officer, Haridwar to

the Principals of different colleges, wherein it has been provided that application for scholarship to such students would be cancelled who are studying in colleges, whose affiliation status is not clear.

4. Admittedly, petitioners are entitled to scholarship, as they belong to weaker sections of the society and scholarship cannot be denied to the eligible persons merely because the status of affiliation of the college, in which they are pursuing study, is not clear.

5. In such view of the matter, the writ petition is disposed of with liberty to the petitioners to approach Registrar, H.N.B. Garhwal University (Central University), Srinagar, Garhwal by making representation. If such a representation is made within two weeks from today, the Registrar shall look into the matter and take appropriate decision, in accordance with law, within a period of six weeks from the date of receipt of such representation along with certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Aswal