IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.97 of 2019

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Jiutbandhan Kumar Gond S/o Shree Bhagwan Prasad Resident of Mohalla-

Ward No. 4, Itarhi, P.S. Itarhi, District- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal Secretary, Social and Welfare

Department, Bihar at Patna.

2.

The Secretary, the Scheduled Caste and Scheduled Tribe Welfare

Department, Bihar Patna.

3.

The Director, Social and Welfare Department, Bihar at Patna.

4.

The Collector, District of Buxar at Buxar.

5.

The Vice Chancellor, Maulana Abul Kalam Azad University of Technology,

West Bengal.

6.

The Principle, JIS College of Engineering Block- A Phase III Kalyasai Nadia

West Bengal.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Arun Kumar Gupta

For the Respondent/s

:

Mr.S.K. Mandal- Sc3

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL JUDGMENT

Date : 15-05-2019

The present writ petition has been filed for directing the

respondents to provide Post Matric Scholarship to the

respondent College, to publish the result of the petitioner of the

sixth Semester of Mechanical Engineering Stream and for

directing the respondent-College to conduct special examination

for the seventh Semester of Mechanical Engineering Steam.

2.

The brief facts of the case, according to the petitioner, is

that the petitioner belongs to SC/ST category and has passed the

intermediate examination in Science. In pursuance to a notice

Patna High Court CWJC No.97 of 2019 dt.15-05-2019

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published by the SC/ST Welfare Department Buxar dated

15.7.2015, inviting applications from students of scheduled

caste and scheduled tribe to study for technical, commercial and

professional course in private institution under the Post Matric

Scholarship, the petitioner had submitted his application and

appeared for counselling. Thereafter, the petitioner had

participated in the admission cum loan mela and he was granted

provisional allotment letter dated 28.8.2015, for pursuing the

B.Tech Mechanicaln Course in JIS College of Engineering

Nadia, West Bengal, whereafter, the petitioner had taken

admission in the said College in the year 2015 in the B.Tech

Mechanical Course pertaining to the Session 2015-19 and

subsequently, he was allotted registration number under the

Maulana Abul Kalam Azad University of Technology, West

Bengal. The grievance of the petitioner is that the Bihar

Government is not releasing the scholarship money in favour of

the JIS College, hence, the petitioner is not being allowed to

appear in the sixth and seventh semester examination of B.Tech

Course.

3.

The learned counsel for the Respondent-State of Bihar

has submitted that the scholarship amount, as per the PMS

Scheme has already been settled qua the petitioner herein for the

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remaining session 2015-16 to 2017-18 in view of the

Government of Bihar notification issued by the Schedule Caste

and Schedule Tribe Welfare Department, as can be found at

Annexure C to the counter affidavit.

4.

Per contra, the learned counsel for the petitioner has

submitted that the total outstanding fees qua the petitioner

herein of the JIS College of Engineering is Rs. 5,39,800/- and

nothing has been paid by the Government of Bihar to the said

College. It is further submitted by the learned counsel for the

petitioner that the respondents are not acting in terms of the

office order dated 28.7.2015 issued by the SC/ST Welfare

Department, Government of Bihar.

5.

The authorities of the State of Bihar, especially the

respondent nos. 1 to 3, have filed a supplementary counter

affidavit wherein it has been stated that a fresh report was called

for from th