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1980 Supreme(Cal) 262

B.C.RAY
IN RE: KRISHNADAS MONDAL – Appellant
Versus
STATE – Respondent


Advocates Appeared:
H.CHAKRAVORTY, R.N.DATTA

BANKIM CHANDRA RAY, J.

( 1 ) THIS application is directed against two orders issued by the Government, one is dated 23-7-1979 and the other is dated 3-6-1980. By these orders certain guidelines have been laid down in regard to payment of grants to students belonging to Scheduled Castes and Scheduled Tribes who are residing in hostels to defray their hostel charges. The attack on these two orders has been primarily directed on the ground that these two orders clearly laid down restriction that parents who have annual income of Rs. 3,600/- will not be eligible to apply for these grants in respect of their wards residing in hostels.

( 2 ) THIS condition has been challenged in this writ petition on the ground that it is contrary to the provisions contained in Article 46 of the Constitution and secondly it creates unreasonable restriction inasmuch as there was previously no such restriction to obtain grants in respect of students belonging to Scheduled Castes and Scheduled Tribes residing in hostels and on these grounds this writ petition has been filed. Article 46 of the Constitution clearly enjoins on the State that it will try to promote with special care the educational and econom

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