JUDGMENT

C.M. Application No.1 of 2023 (Application for condonation of delay)

Heard Shri V.P. Nag, learned Additional Chief Standing Counsel for the appellants/State authorities and Dr. Sanjay Kumar Singh, learned counsel representing the respondent no.1/ writ petitioner.

2. Having regard to the averments made in the affidavit filed in support of the application seeking condonation of delay, this Court is of the view that delay has sufficiently been explained.

3. Accordingly, the application is allowed and delay in filing the special appeal is hereby condoned.

Order on Appeal

4. By preferring the present special appeal under Chapter VIII Rule 5 of the ALLAHABAD HIGH COURT RULES , 1952, the appellants/ State authorities have impugned the judgement and order dated 21.09.2022 whereby Writ-C No. 15943 of 2019 filed by the respondent no.1/writ petitioner has been allowed and the orders dated 26.04.2019 and 27.10.2019, rejecting the claim of the respondent no.1/writ petitioner for scholarship and fee reimbursement under the Uttar Pradesh Samanya Varg Dasmottar Chhatravriti Yojna Niyamawali, 2012, have been set-aside by the learned Single Judge. The learned Single Judge has also directed the appellant no.2-Director, Social Welfare, Government of U.P., Lucknow to reimburse the scholarship amount to the respondent no.1/writ petitioner, under the said Scheme.

5. The facts of the case as is borne from the records is that the respondent no.1/writ petitioner took admission in Baiswara Degree College, Lalganj, Raebareli in B.A. Part-I in the academic session 2013-14 and was given the benefit of Student's Scholarship and Fee Reimbursement Scheme. However, without completing the said course, the writ petitioners/respondent no.2 took admission in another course i.e. B.Sc. Part-I in the academic session 2014-15 and also applied to grant her the benefit of Student's Scholarship and Fee Reimbursement Scheme for the academic session 2014-15, but her application was not considered and, as such, she instituted the proceeding of Writ Petition No. 5764 (M/S) of 2015, wherein learned Counsel for the State had stated that as per the scheme, in such a situation, the student concerned has to refund the entire amount of scholarship and accordingly, the said writ petition was disposed of finally vide order dated 15.10.2015 with liberty to the writ petitioner/respondent no.1 to refund entire amount which she had availed of for the academic session 2013-14 and thereafter she may make a fresh application and authority concerned was required to consider and decide the same in accordance with law.

6. Apparently, pursuant to the aforesaid order dated 15.10.2015 (supra), the writ petitioner/respondent no.1 had refunded the amount of Rs.4700/-, which she had received under Student's Scholarship and Fee Reimbursement Scheme for the academic session 2013-14 for B.A. Part-I and thereafter she claimed for grant of scholarship for the B.Sc. Course, which was, however, rejected vide order dated 27.10.2016.

7. Not satisfied with the order dated 27.10.2016, the respondent no.1/writ petitioner had instituted the proceeding of Writ Petition No. 26766 (M/S) of 2018, which was disposed of vide order dated 18.09.2018, permitting the writ petitioner/ respondent no.1 to make a fresh detailed representation and the Director, Department of Social Welfare, Government of U.P., Lucknow (appellant no.2) was required to consider and decide the said representation. In compliance of the aforesaid order dated 18.09.2018, the respondent no.1/writ petitioner has preferred a detailed representation on 01.10.2018, which was considered and decided by the Director, Department of Social Welfare, Gov