Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHABIR SINGH SINDHU, J.
Ishita Uppal – Petitioner
Versus
Punjab University, Chandigarh and Others – Respondents
CWP No. 20275 of 2019
Decided On : 23-02-2021
EWS Scholarship - University Admission Dispute - Guideline 9 - The court found that the action of the respondents to withdraw the benefit of freeship/EWS scholarship while considering the case of the petitioner as a compartment/re-appear candidate for 6th Semester was not legally sustainable. The court also found that the action of the respondents while not treating the petitioner on the rolls of the UILS and consequent termination of her internship programme was based on legal malice and was set aside. The court further found that the action of the respondents while rejecting the claim of the petitioner for freeship/EWS scholarship was violative of principles of natural justice and indefensible in law. The respondents were directed to restore and release the entire benefit of freeship/EWS scholarship to the petitioner without any further delay. The final result of the petitioner was ordered to be declared forthwith.
Fact of the Case:
The petitioner, a meritorious student from an Economically Weaker Section (EWS), was granted freeship/EWS scholarship for her B.A. and LL.B. course. However, the scholarship was discontinued in the 4th year due to her inability to clear the 6th Semester examination. The petitioner's internship program was terminated, and she was removed from the rolls of the Department. The petitioner filed a writ petition seeking quashing of the impugned letters/communications and restoration of her scholarship, as well as interim stay on the termination of her internship program.
Finding of the Court:
The court found that the respondents' actions were legally unsustainable, based on legal malice, violative of principles of natural justice, and had caused great prejudice to the petitioner, resulting in a miscarriage of justice. The court allowed the writ petition, quashed the impugned letters/communications, and directed the respondents to restore and release the entire benefit of freeship/EWS scholarship to the petitioner without any further delay. The final result of the petitioner was ordered to be declared forthwith.
Issues: The issues before the court included the legality of withdrawing the EWS scholarship, the termination of the petitioner's internship program, the violation of principles of natural justice, and the prejudice caused to the petitioner.
Ratio Decidendi: The court held that the respondents' actions were legally unsustainable, based on legal malice, violative of principles of natural justice, and had caused great prejudice to the petitioner, resulting in a miscarriage of justice. The court directed the restoration and release of the entire benefit of freeship/EWS scholarship to the petitioner without any further delay.
Final Decision: The writ petition was allowed, the impugned letters/communications were quashed and set aside, and the respondents were directed to restore and release the entire benefit of freeship/EWS scholarship to the petitioner without any further delay. The final result of the petitioner was ordered to be declared forthwith. The petitioner was also awarded costs of Rs. 1 lac as compensation, to be paid by Punjab University and UILS in equal share.
JUDGMENT :
MAHABIR SINGH SINDHU, J.
“When God contemplates some great work, He begins it by the hand of some poor, weak, human creature, to whom he afterwards gives aid.”
Martin Luther
Petitioner, who topped 10+2 examination (Year, 2014-15) in the Union Territory, Chandigarh, got admission in 5 year B.A. and LL.B. course offered by the University Institute of Legal Studies (UILS), Punjab University, Chandigarh. She belongs to an Economically Weaker Section (EWS); being meritorious, was granted freeship/EWS scholarship by the respondents; but the same had been discontinued in 4th year and conveyed to her vide impugned letters/communications dated 26.06.2019 and 10.07.2019 (P-4 and P-5), respectively. She has also been removed from the rolls of the Department, which ultimately led to cancellation of her internship programme in 9th Semester by Director UILS on 19.07.2019 (P-8).
1. Aggrieved against the above action, petitioner has filed present writ petition for quashing of the impugned letters/communications as well as for directing the respondents to restore her freeship/EWS scholarship; further prayer is for interim stay on termination of her internship programme.
2. Brief facts of the case are that after getting admission during academic session 2015-16 in 5-year B.A. and LL.B. course, petitioner was provided freeship/EWS scholarship from the very beginning; but due to her illness on 12.05.2018, she could not appear in one paper (French III) of 6th Semester scheduled to be held on 14.05.2018. As per medical record (P-1), petitioner was advised 5 days’ bed rest by the doctor w.e.f. 12.05.2018 to 16.05.2018, which was duly sent to the office of UILS and received by concerned clerk, namely, Ms. Parveen.
In terms of guideline No. 9 of Handbook of Information (P-9), petitioner was granted benefit of freeship/EWS scholarship and which she continued for two years. As a result thereof, respondents used to refund her fee which she had already paid; but in fourth year, when she asked to refund the fee of the 3rd year, respondents did not agree on the premise that petitioner has not produced her Detailed Marks Card (DMC) of 6th Semester. Petitioner tried to convince the respondents that she could not appear in her French-III paper on account of her illness, but no positive response was received in the matter for a period of one year. For the first time, petitioner was informed by Director, UILS vide letter dated 06.06.2019 (P-2) that she is eligible to appear for French III paper along with regular examination of 10th Semester in April/May 2020, but she was asked to submit her tuition fee of 8th Semester. This communication also stated that as and when she will be eligible for the concession under the EWS category, her case would be forwarded to the competent authority for further necessary action. Thereafter on 24.06.2019 (P-3), the father of the petitioner also requested Director, UILS as well as Vice-Chancellor, to hold tuition fee for 8th semester or to withhold the scholarship until she clear her French-III paper; but not to deny her altogether the chance for freeship/EWS scholarship. Vice-Chancellor without affording any opportunity of hearing, rejected the above request and the same was communicated to the petitioner vide letter dated 26.06.2019 (P-4). Even the Board of Control, UILS also adopted the similar approach and declined the request of the petitioner, which was sent to her vide letter dated 10.07.2019 (P-5). Thereafter on 12.07.2019, the petitioner was deputed for her internship programme from 15.07.2019 to 29.07.2019 (P-6), which she duly started, but on asking of the above-named Clerk of the Department, petitioner was not allowed to continue the same and her name was removed from the list of candidates undergoing internship programme. Aggrieved against the above action, again a representation dated 19.07.2019 (P-7) was made by the petitioner, but Director, UILS rejected it vide communication dated 19.07.2019 (P-8), while obse
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
