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2022 Supreme(Raj) 24

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Sarwar Khan – Petitioner
Versus
Ministry of Minority Affairs & Ors. – Respondents
S.B. Civil Writ Petition No. 1853 of 2016
Decided On : 22-02-2022

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajak Haidar, Advocate.
For the Respondent: Mr. Deelip Kawadia., Mr. Salman Agha for Mr. Anil Gaur, AAG.

Headnote:

Right to Information Act, 2005 - Disciplinary action - Merit-cum-Means Scholarship - Non issuance of scholarship - The action of respondents while not granting Merit-cum-Means Scholarship to petitioner for year 2013-14 on reason of non-receipt of hardcopy of application form within time for scrutiny, may be directed to be illegal, unjust, and arbitrary and contrary to record and be set aside - Petitioner, an OBC category candidate, secured admission in Five Years' Integrated B.A. LL.B Course in Jai Narain Vyas University, Jodpur in year 2010-11 on basis of merit - Held, Court observes that petitioner is an eligible and deserving OBC candidate who has qualified for Merit-Cum- Means Scholarship, after satisfying criteria laid down by State respondents and was granted said scholarship in 2010-11. Regarding renewal of said scholarship, petitioner in year 2013-14 made necessary application through the online mode and submitted same on online portal, and duly signed printed online application and submitted same with concerned authorities - No merit in the submissions made by learned counsel for State respondents, and finds reason so given by the State respondents on their website, for the rejection of the said application for renewal of scholarship of petitioner, to be devoid of logic and fairness - State respondents are hereby directed to grant Merit-cum- Means scholarship to the petitioner for the year 2013-14 forthwith with the interest at the rate of 5% per annum - Petition partly allowed.

JUDGMENT :

1. In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This writ petition has been preferred claiming the following reliefs:

    "A. The action of the respondents while not granting Merit-cum-Means Scholarship to the petitioner for the year 2013-14 on the reason of non-receipt of hardcopy of application form within time for scrutiny, may be directed to be illegal, unjust, and arbitrary and contrary to record and be set aside.

B. The respondents may be directed to initiate disciplinary action against the concern officials of respondent department in regard to non issuance of scholarship to the petitioner despite his entitlement and if found guilty, then appropriate disciplinary action may be initiated for the same.

C. The respondents may kindly be directed to grant Merit-cum- Means scholarship to the petitioner for the year 2013-14 forthwith with the interest at the rate of 18% per annum."

3. Brief facts of this case, as noticed by this Court, are that the petitioner, an OBC category candidate, secured admission in Five Years' Integrated B.A. LL.B Course in the Jai Narain Vyas University, Jodpur in the year 2010-11 on the basis of merit. Under the Merit-cum-Means Scholarship Scheme run by the State Government (Department of Minority Affairs), the petitioner had secured the scholarship only in respect of B.A. LL.B. First Year Course, in the year 2010 -11.

4. The issue in the present case is minute, only to the extent that the petitioner in the year 2013-14 had applied for renewal of the said scholarship though the online mode, in compliance with the requisite procedure, but was denied such scholarship benefit so requested, with the reasoning "Reason is Hard Copy does not receive within time for scrutiny".

5. Learned counsel for the petitioner submits that the petitioner is an OBC category candidate, basis the minority certificate and OBC certificate issued by the Tehsildar, Didwana, District Nagaur, at Annex-1, and that the petitioner being a suitable and eligible candidate, satisfying the criteria laid down viz. (a) of securing more than the 50% marks in earlier examinations, for the Merit-cum-Means Scholarship, as required under the at Condition (iii) thereof; (b) the candidate's parents/ guardians should not have an annual income of over Rs.2.5 lakhs, as per the Prospectus issued by the State respondents, at Annex-3, applied for the said scholarship in 2010-11 and was deemed as an eligible candidate.

6. Learned counsel for the petitioner further submits that the petitioner made the requisite application for the renewal of the said scholarship in the year 2013-14 and that said online application was printed and duly filled out by the petitioner and was submitted on 15.10.2013, at Annex-5, but was unfairly denied the scholarship on the ground that the hard copy was not received within the stipulated time period, as stated on the State respondents' website, at Annex - 6 and in the reply filed by the State respondents.

6.1 Learned counsel also submits that the petitioner, through filing of applications under the Right to Information Act, 2005 found out that the name of the petitioner was in fact included in the list of eligible candidates for renewal of scholarship for the year 2013-14, at Annex-7; the information retrieved under the said Act of 2005 clearly showed that the petitioner made the said application for renewal of the Merit-Cum-Means Scholarship well within the stipulated deadline of 10.01.2014, after the same was verified by the Head and Dean of the Faculty of Law, JNV University, Jodhpur on 27.09.2013 and subsequently the said application was printed and duly signed by the petitioner on 15.10.2013.

6.2 Learned counsel also submits that the District Minority Welfare officer, Jodhpur confirmed the fact that the petitioner's said application for renewal was recei

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