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DEVENDRA KUMAR UPADHYAYA, OM PRAKASH SHUKLA
State of U. P. – Appellant
Versus
Anu Singh – Respondent
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 t
Educational institutions can claim fee reimbursement when scholarship payments are improperly withheld, regardless of student actions.
A candidate selected under a scholarship scheme is entitled to benefits as per the scheme in effect at the time of application, regardless of subsequent amendments that may alter eligibility criteria....
Eligibility for scholarship benefits must be assessed based on the scheme in effect at the time of application, not subsequent amendments.
The court affirmed that students from weaker sections should not be denied scholarships due to procedural lapses if no dishonest intent is established.
The court ruled that the exclusion of management quota students from post matric scholarships does not violate fundamental rights, adhering to a lawful policy decision.
The main legal point established in the judgment is the obligation of the college to pay stipend to postgraduate students as per regulations, and the requirement for the petitioner to comply with the....
The main legal point established in the judgment is the importance of adhering to the conditions and eligibility criteria for university scholarships, the prospectus/handbook having the force of law,....
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