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2015 Supreme(UK) 288
UTTARAKHAND HIGH COURT
Hon'ble Mr. Chief Justice K.M. Joseph and Hon’ble Mr. Justice V.K. Bist
Special Appeal No. 49 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
BEEHIVE COLLEGE OF ENGINEERING AND TECHNOLOGY & ORS. –Respondents
WITH Special Appeal No. 139 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
UTTARANCHAL POLYTECHNIIC DHANAURI & ORS. – Respondents
WITH Special Appeal No. 135 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
QUANTUM SCHOOL OF BUSINESS & ORS. – Respondents
WITH Special Appeal No. 137 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
PHONICS SCHOOL OF APPLIED SCIENCES & ORS. – Respondents
WITH Special Appeal No. 140 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
SHEETAL COLLEGE OF BIOMEDICAL SCIENCIES & ORS. – Respondents
WITH Special Appeal No. 136 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
SWAMI DARSHANAND INSTITUTE OF MANAGEMENT & ORS. – Respondents
WITH Special Appeal No. 134 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
WALI GRAMODYOG VIKAS SANSTHAN GROUP & ORS. – Respondents
WITH Special Appeal No. 133 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
ROORKEE INSTITUTE OF MEDICAL SCIENCE & ORS. – Respondents
WITH Special Appeal No. 132 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
R.I.M.S. & ORS. – Respondents
WITH Special Appeal No. 141 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
IMPERIAL COLLEGE OF MANAGEMENT & TECHNOLOGY & ORS. – Respondents
WITH Special Appeal No. 131 of 2014
STATE OF UTTAR PRADESH & ORS. – Appellants
Versus
MOTHERHOOD INSTITUTE OF MANAGEMENT &
TECHNOLOGY & ORS. – Respondents
Decided on : 15.05.2015
For the Appellants :Mr. Anuj Kudesia, Advocate assisted by Ms. Beena Pande, Standing Counsel
For the Respondents: Mr. Arvind Vashisth, Sr. Adv., assisted by Ms. Monika Pant, Adv., Mr. H.M. Bhatia, Adv.
For the Uttarakhand Tech. Univ. : Mr. Bhupesh Kandpal, Adv.
For the Central Government : Mr. Sanjay Bhatt, Standing Counsel
For the State of Uttarakhand : Ms. Anjali Bhargava, Standing Counsel
Headnote:(A)Promissory Estoppel – Issue of – Applicability of – Principles guiding – Stated.(Para 26)
(B)Doctrine of Legitimate Expectation – Principles in relation to – Well established.(Paras 36 to 38)
(C)Education Funds of the Schedule Caste and Schedule Tribe Students – For the benefit of Scheduled Caste students, for their education at the post-matric level – Disbursal of – For the students already admitted and whose genuineness was vouch safed on the basis of inquiries conducted and they were genuine students belonging to the Scheduled Caste community, writ petitioners may be given relief – But, in view of the plea of non-availability of funds pleaded by the State – Not justified to grant relief to either.
(Paras 2, 3, 5, 7, 8, 16, 17, 41 to 43)
¼v½opu foca/ku dk eqn~nk & iz;ksT;rk & ekxZn’kZd fl)kar & dfFkrA
¼izLrj 26½
¼c½ U;k; laxr vis{kk dk fl)kar & lacaf/kr fu;e iw.kZr% LFkkfirA
¼izLrj 36 ls 38½
¼l½vuqlwfpr tkfr vkSj vuqlwfpr tutkfr ds Nk=ksa dks mPp f’k{kk dk ykHk iznku djus ds fy, & f’k{kk fuf/k dk laforj.k & ftu Nk=ksa dk izos’k gks pqdk Fkk o ftudh ;FkkZFkrk tk¡p ds vk/kkj ij ekU; Fkh vkSj og vuqlwfpr tkfr leqnk; ds ;FkkZFk Nk= Fks] ogk¡ fjV ;kphdÙkkZvksa dks jkgr iznku djh tk ldrh gS & ijUrq jkT; ds ikl i;kZIr /ku dh vuqiyC/krk ds n`f”Vdks.k esa] fdlh dks Hkh jkgr dk vuqnku] U;kf;d ughaA¼izLrj 2] 3] 5] 7] 8] 16] 17] 41 ls 43½
Hon’ble K.M. Joseph, C.J. (Oral)
Appeals, eleven in number, raise common issues. Appellants in each of these cases are the State of Uttar Pradesh and others. In the writ petition (No. 2172 (M/S) of 2012), which is treated as the leading case, following prayers were made:
“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notification / policy dated 26.09.2012 as the same is Arbitrary and unconstitutional (Annexure No. 2 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents not to force upon the college to pay the University fee until and unless the same is disbursed to the student and refunded to the College;
(iii) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to release / clear the dues towards the (i) Registration Fee (ii) Books and Stationary expenses (iii) Scholarship (iv) Tuition Fee (v) University Fee or any other amount due and payable towards the Education of the Schedule caste and Schedule Tribe Students Education quota under the old scheme as the admissions have been completed under the old scheme for all those students who have been admitted upto 15.09.2012;
(iv) Issue a writ, order or direction in the nature of mandamus directing the respondents to ensure timely and smooth flow of Education Funds of the Schedule caste and Schedule Tribe Student’s under the Education quota for the forthcoming sessions starting from 2012 and all the sessions thereafter;”
2. The Government of India has brought out a Scheme for the benefit of Scheduled Caste students for their education at the post-matric level. Apparently, this Scheme was in force for a fairly long period of time. It is originally revised w.e.f. 01.04.2003. It came to be modified w.e.f. 01.07.2010. Clauses IX & X of the Scheme read as follows:
“IX MODE OF DISBURSAL OF SCHOLARSHIP
In order to ensure timely payment of scholarship amount to the beneficiaries, the State Government/UT administrations are requested to avoid cash payment of scholarship amount and are required to issue instructions to all concerned that payment of scholarship should be made to beneficiaries through their accounts in post offices/banks with phased transition to Smart Cards.
X. Other Conditions for the Award
i. The scholarship is dependent on the satisfactory progress and conduct of the scholar. If it is reported by the Head of the Institution an any time that a scholar has by reasons of his/her own act of default failed to make satisfactory progress or has been guilty of misconduct such as resorting to or participating in strikes, irregularity in attendance without the permission of the authorities concerned etc., the authority sanctioning the scholarship may either cancel the scholarships or stop or withhold further payment for such period as it may think fit.
ii. If a student is found to have obtained a scholarship by false statements, his/her scholarship will be cancelled forthwith and the amount of the scholarship paid will be recovered, at the discretion of the concerned State Government. The student concerned will be blacklisted and debarred for scholarship in any scheme forever.
iii. A scholarship awarded may be cancelled if the scholar changes the subject of the course of study for which the scholarship was originally awarded or changes the Institution of study, without prior approval of the State Government. The amount already paid may also be recovered at the discretion of the State Government.
iv. A scholar is liable to refund the scholarship amount at the discretion of the State Government, if during the course of the year, the studies for which the scholarship has been awarded, is discontinued by him/her.
v. The provisions of this scheme can be changed at anytime at the discretion of the Government of Indi
