The court affirmed that students from weaker sections should not be denied scholarships due to procedural lapses if no dishonest intent is established.

JUDGMENT :

SHAILESH P. BRAHME, J.

1. Rule. Rule is made returnable forthwith. Heard party in person and learned Counsel for the respondents finally.

2. The petitioner is a student of respondent no.6/National Law University who is knocking the doors of this Court for securing the benefits of scholarship scheme which is denied to him by the respondents. He is also seeking direction for returning of the scholarship amount by the respondent no.5 to the respondent no.4 and the ancillary directions.

3. Petitioner belongs to Scheduled Caste Category. He was admitted to the respondent no.5/college for B.C.S. course on 05.07.2019 in the academic year 2019-2020. He cancelled his admission by application dated 07.10.2019 and thereafter by sending mail on 19.11.2019. He appeared for entrance examination and he was allotted a seat in the respondent no.6/Maharashtra National Law University (Hereinafter referred to as MNLU) on 21.10.2020. He applied for scholarship on or about 04.10.2021. But it was not awarded.

4. When he was in respondent no.5/College, he had submitted application for scholarship on 01.10.2019. Few installments of scholarship were credited to his account. After cancellation of admission, he refunded amount of Rs.31,658/- on 30.09.2021. He is eligible for the scholarship. He is not in position to pay the balance of fees. Hence the present petition is filed.

5. Petitioner submits that he had cancelled his admission by timely communication to the respondent no.5. He did not attend the classes and participate in the curriculum of the respondent no.5. The amount received by him towards scholarship was refunded by him on 30.09.2021. Thus there is no fault on his part and he is eligible for the scholarship. He submits that the installments of scholarship were credited to his account behind his back. There was no proper verification for awarding him scholarship by the office and the Principal of respondent no.5. Respondent no.5 did not follow proper procedure. There is violation of Government Resolution dated 31.03.2016 and 18.01.2019.

6. He further submits that for the SC category, there is no redeem button and the scholarship gets automatically credited to account. He even did not receive any message. He submits that he made correspondence with the respondent no.6 for granting him scholarship. Lastly it is submitted that Clause No.5 of Annexure – V of Government Resolution dated 01.11.2003 cannot be made applicable to deprive him of the scholarship.

7. The contesting Respondent No.5 opposes the claim of petitioner by filing affidavit-in-reply. It is submitted that the petitioner was admitted to its College and he opted for the scholarship. He received installments. He did not timely approach in person to the Respondent No.5 and comply with the formalities of cancellation. The cancellation was effected on 07.10.2020. He is responsible for securing scholarship and abandoning the course causing loss to one eligible student. It is submitted that there is no fault on part of Respondent No.5.

8. Another contesting party – Respondent No.6/MNLU has resisted the claim by filing affidavit-in-reply. It is contended that the petitioner took benefit of scholarship when he was in Respondent No.5/College and abandoned the course. He is not eligible to claim for scholarship for the present course in view of Government Resolution dated 01.11.2003. It is submitted that Petitioner suppressed earlier admission and the scholarship. He is liable to pay the dues of Rs.5,54,