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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SUBHASH VIDYARTHI
Centre for Management Technology, Gautam Buddha Nagar Thru. Director Krishna Mohan Pandey – Appellant
Versus
State of U.P. Thru. Prin. Secy. Deptt. of Social Welfare, Lko. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Apoorva Tewari, the learned counsel for the petitioners, Sri S.K. Khare, the learned Standing Counsel appearing on behalf of the State of U.P. and perused the records.
2. The petitioner-C-MAT Business School has filed petition bearing Writ-C No. 8584 (M/S) of 2018 and Centre for Management and Technology has filed Writ Petition No. 8585 (M/S) of 2018 seeking issuance of a Writ of Mandamus commanding the opposite parties to make payment of scholarship and fee reimbursement to them for the students admitted in the institution for the courses mentioned in para 4 of the writ petitions for the academic sessions 2013-14, 2014-15 and 2016- 17 in consonance with the provisions contained in Uttar Pradesh Anushuchit / Anusuchit Janjati / Samanya Varg / Alpsankhyak / Pichhdi Jati Dashmottar Chhatravritti Yojna, 2012.
3. On 28.09.2021, an order was passed in Writ Petition Nos. 8584 & 8585 recording that the fee reimbursement for the session 2013-14 had not been made to the petitioners without assigning any reason. In regard to academic sessions 2014-15 and 2016-17, show cause notices had been issued to the petitioners and they had submitted replies to
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 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 court established that delays in seeking relief under Article 226 do not bar claims when fundamental rights are violated, especially in cases involving mistakes or fraud.
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