IN THE HIGH COURT OF ALLAHABAD
B.K. Narayana and Ravi Nath Tilhari, JJ.
Aditya Sharma - Appellant
Vs.
Union of India and Ors. - Respondent
Civil Misc. Writ Petition No. 36606 of 2019
Decided On: 29-01-2020
Prevention of Atrocities (POA) Act, 1989 - Section (1) – Circumstances Evidence – Quash Of Order - Nature Of Certiorari - Possession of infrastructure regarding agricultural - Issue a writ order or direction in nature of mandamus commanding and directing Ministry of Tribal Affairs through to grant amount of session 2018-19 for session petitioner which petitioner was entitled to but could not get because of the foresaid acts of his assistants - Issue a writ order or direction in nature of mandamus commanding and directing Ministry of Tribal Affairs through and his assistant to compensate petitioner under Section (1)(vii), Section (1) (ix) and Section (2)(vii) of Prevention of Atrocities (POA) Act, 1989 - issue a writ order or direction in nature of mandamus commanding and his assistant and fine and prosecute same under Section (1) (viii), Section (1)(ix) Section (2) (vii) of Prevention of Atrocities (POA) Act, 1989 for the foresaid acts his assistants against petitioner – Held, court therefore quash impugned and direct the respondent Union of India through Ministry of Tribal New that petitioner's case for grant of scholarship be considered afresh by Deputy Secretary Scholarship Division Ministry of Tribal Affairs New Delhi in accordance with law after considering documents petitioner's contention that even as per the letter of annual family income of petitioner does not exceed rupees shall also be considered by said authority - Petitioner is directed to serve and Deputy Secretary Scholarship Division Ministry of Tribal Affairs New Delhi certified copy of this judgment and copy of copy Review Application with an application representation in which petitioner shall explain as to how his annual family income did not exceed even as per - Decision shall positively be taken by the Deputy Secretary, Ministry of Tribal Affairs within a period of one month from the date of production of certified copy of this judgment to the said authority - In circumstances court impose a cost present Director Scholarship Division, Ministry of Tribal Affairs New Delhi which shall be paid to petitioner within a period of one month from date of production of a certified copy of this judgment before the said authority failing which amount shall be recovered as arrears of land revenue from the said concerned collector and shall be paid to the petitioner - Petition is allowed
JUDGMENT :
Ravi Nath Tilhari, J.
1. Heard Sri Aditya Sharma, in person, learned Assistant Solicitor General appearing for respondent-1 to 3 and the learned counsel for respondent-4.
2. The petition was filed for quashing of order dated 15.10.2019 passed by respondent-2 Director Scholarship Section, Ministry of Tribal Affairs, New Delhi, by which the petitioner's claim for grant of scholarship under "National Fellowship & Scholarship for Higher Education for Scheduled Tribe Students", (in short called "the Scholarship Scheme") for the session 2018-19, has not been acceded to. The petitioner has further prayed that a direction may be issued to the respondents to grant him the Scholarship for the session 2018-19.
3. The prayers made in the writ petition are being reproduced as under:
b. Issue a writ, order or direction in the nature of mandamus commanding and directing the Ministry of Tribal Affairs through Respondent No. 2 to grant amount of Rs. 84,274/- for the session 2018-19 and amount of Rs. 39,274/- for the session 2019-20 in the favour of petitioner which petitioner was entitled to but could not get because of the foresaid acts of Respondent No. 3 and his assistants.
c. issue a writ, order or direction in the nature of mandamus commanding and directing the Ministry of Tribal Affairs through Respondent No. 3 and his assistant to compensate the petitioner under Section (1)(vii), Section (1) (ix) and Section (2)(vii) of Prevention of Atrocities (POA) Act, 1989.
d. issue a writ, order or direction in the nature of mandamus commanding Respondent No. 3 and his assistant and fine and prosecute same under Section (1) (viii), Section (1)(ix) and Section (2) (vii) of Prevention of Atrocities (POA) Act, 1989 for the foresaid acts of Respondent No. 3 and his assistants against the petitioner.
e. issue a writ, order or direction in the nature of mandamus commanding and directing the Ministry of Tribal Affairs through Respondent No. 2, Respondent No. 3 and his assistants for not complying with the Hon'ble High Court order dated 16.9.19 and passing same order which was quashed by the Hon'ble High Court order dated 16.9.19 and for asking income details from DDO.CRO (ITBP) despite the fact that Hon'ble high Court has already observed and ruled in this context in the favour of petitioner. In this way by the virtue of foresaid act questioning, scandalizing and insulting the credibility of Hon'ble high Court but also questioning the genuineness of the affidavit that was filed by the petitioner.
f. issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
g. To award the cost of the writ petition in the favour of petitioner."
4. The petitioner is a student of M.B.B.S. 4th year in the Institute of Medical Sciences, Varanasi (in short called "the Institute"). He belongs to Scheduled Tribe category. He applied for the Scholarship Scheme under a Centrally Section Scheme, for the year 2018-19 but his application was rejected by order dated 12th June, 2019 of Deputy Secretary, Ministry of Tribal Affairs. The rejection was on the ground that as per I.T.R. for the year 2018-19 the gross salary of the petitioner's father Gorakh Singh was Rs. 6,02,785/-. The income criterion to be eligible for grant of scholarship, under the said Scheme, is that the total family income of a candidate from all sources should not exceed Rs. 6-00 lac per annum. In view of the guidelines, the petitioner was found to be ineligible and his application under Scholarship Scheme was rejected by order dated 12th June, 2019 passed by respondent-2 therein.
5. The petitioner challenged the order dated 12.6.2019 in Writ C No. 21914 of 2019 (Aditya Sharma v. Union of India and two others) which was initially dismissed on 12.7.2019. The petitioner thereafter filed an application for re
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