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2019 Supreme(Pat) 952

IN THE HIGH COURT OF JUDICATURE AT PATNA
SHIVAJI PANDEY, PARTHA SARTHY, JJ.
Rohit Kumar S/o Santosh Kumar Suman - Appellant
Versus
The State of Bihar and Ors - Respondent
Civil Writ Jurisdiction Case No.16171 of 2019
Decided On : 23-08-2019

Advocates:
Advocate Appeared:
For the Appellant : Mr.Sanjeev Kumar, Adv. Mr. Rajesh Sinha, Adv. Mr. Chandan Kumar Singh, Adv.
For the Respondent: Mr.Ashutosh Ranjan Pandey (AAG15) Mr. Shashi Shekhar Tiwary, AC to AAG15 Mr. Girijish Kumar, Adv.
For the BSEFC : Mr. Kumar Ravish, Mr. Kashyap Kaushal, Advs.

Standing of the petitioner in public interest litigation.

Headnote:

Social Activist - Bihar Student Credit Card Scheme - The petitioner, claiming to be a social activist, raised concerns about the discontinuation of payments to students under the Bihar Student Credit Card Scheme. The court dismissed the writ application, stating that the petitioner, not being a student or guardian, did not have standing to raise the issue under public interest litigation.

Fact of the Case:

The petitioner, claiming to be a social activist, raised concerns about the discontinuation of payments to students under the Bihar Student Credit Card Scheme.

Finding of the Court:

The court dismissed the writ application, stating that the petitioner, not being a student or guardian, did not have standing to raise the issue under public interest litigation.

Issues: Standing of the petitioner to raise concerns under public interest litigation.

Ratio Decidendi: The petitioner, not being a student or guardian, did not have standing to raise the issue under public interest litigation.

Final Decision: The writ application is dismissed.

JUDGMENT :

SHIVAJI PANDEY, J.

1. Heard learned counsel for the petitioner and counsel for the respondents.

2. In this case, the petitioner is claiming to be a social activist but, has not given any details as to what is his contribution in that area. Learned counsel for the petitioner has submitted that the State of Bihar has created the Bihar Student Credit Card Scheme, under that Scheme, 1500 students have enrolled themselves in different Institutes and in the State of Rajasthan such as Mewar University, Chitaurgarh, Sangam University, Bhilwara, Vivekanand Global University, Jaipur and Pratap University, Jaipur and it has been complained that under that Scheme, the money was paid of Rs. 1 lac to those students who are pursuing their study there. It has further been said that for two consecutive years or three consecutive years, money has been paid to the students but, suddenly, they have stopped making payment to them.

3. Learned counsel for the State informs that identical matter is being under consideration before the Single Bench of this Court in C.W.J.C. No. 15733 of 2019 along with C.W.J.C. No. 15786 of 2019 and C.W.J.C. No. 15744 of 2019.

4. Students are pursuing their claim for grant of benefit under the Bihar Student Credit Card Scheme. The petitioner is neither a student nor a guardian of any of the students but, he has raised the flag of the students. If the students are pursuing their respective claim, in such circumstances, there is no need to multiply the proceeding for same issue. It is not a fit case where this Court would entertain the present writ application under the Public Interest Litigation.

5. This writ application is dismissed.

6. The petitioner, if so advised, may raise his grievance before the appropriate authority.

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