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2025 DAILYLAW 12974 (ALL)

MARATHWADA INSTITUTE OF TECHNOLOGY v. STATE OF U.P. AND 2 OTHERS

WRIC/11571/2015 · 2025-02-12

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21148 Court No. - 32 Case :- WRIT - C No. - 11571 of 2015 Petitioner :- Marathwada Institute Of Technology Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Tiwari,Rohit Pandey Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Order on Order Sheet 1. Learned counsel for the petitioner is permitted to implead Director, Social Welfare,U.P., Lucknow as respondent no.4 in the array of parties during the course of the day. Oder on Writ Petition 1. Heard learned counsel for the petitioner and learned Standing Counsel for respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief: "(i) issue a writ, order or direction in the nature of mandamus commanding the respondents and directing them to reimburse the remaining fee of students of SC/ST Category for the Sessions 2004-05 of B.Tech of petitioner's Institute amounting to Rs.12,12,400/-, for Session 2005-06 of B.Tech of petitioner's Institute amount to Rs.14,57,400/-, for the Session 2006-07 of B.Tech of petitioner's Institute amount to Rs.10,51,300/- and for Session 2007-08 of B.Tech, MCA and BCA of petitioner's Institute amounting to Rs.29,93,000/- in accordance with order of Hon'ble High Court passed in Writ Petition No.43665 of 2008, dated 25.08.2008 and 02.09.2008 along with 18% penal interest forthwith. (ii) issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iv) award costs o the petition to the petitioner." 3. The petitioner's Institute, namely, Marathwada Institute Of Technology, Dhamera Chola, Bulandshahr is a private self financed Educational Institution running BCA, MCA and B.Tech Courses after obtaining approval from All India Council for Technical Education and also affiliation from the State Government, U.P. Technical University, Lucknow as well as Chaudhary Chaaran Singh University, Meerut. 4. Pursuant to the Government Order dated 18.06.2004 and Government Order dated 23.09.2009 by which it was provided that after receiving the claim of SC/ST students, the fee shall be reimbursed to the concerned Institution within 30 days by the concerned department, the petitioner admitted 35 students of SC/ST Category for the Session 2004-05, 40 students of SC/ST Category for the Session 2005-06, 29 students of SC/ST Category for the Session 2006-07 and 54 students of SC/ST Category for the Session 2007-08 in different courses run by the petitioner's Institution. The petitioner, thereafter, uploaded the list of SC/ST students in the office of respondent no.2 which was duly verified by the office of respondent no.2, and thereafter the same was uploaded on the website of Social Welfare Department. 5. The grievance of the petitioner is that the pursuant to the Government order dated 18.06.2004 and Government Order dated 23.09.2009, money transferred/refunded into the account of petitioner's Institution for the Session 2004-05 was only Rs.10,70,000/-, Rs.10,78,600/- for the Session 2005-06, Rs. 7,87,300/- for the Session 2006-07 and no amount has been paid for the Session 2007-08. 6. According to the petitioner, the petitioner is still entitled to the refund of Rs.12,12,400/- for the Session 2004-05, Rs.14,57,400/- for the Session 2005-06, Rs.10,51,300/- for the Session 2006-07 and Rs.29,93,000/- for the Session 2007-08. In this respect, the petitioner Institution moved several letters/representations, and lastly on 12.02.2014 to the Principal Secretary, Technical Education, Lucknow and requested to make necessary arrangement for payment of fee, but no decision has been taken on the same, and the petitioner is running from pillar to post. 7. Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to the newly impleaded respondent no.4 to look into the grievance of the petitioner. 8. In such view of the fact, considering the facts and circumstances of the case and without going into the merits of the case, the writ petition is being disposed off permitting the petitioner to submit a fresh representation before the newly impleaded respondent no.4-Director, Social Welfare,U.P., Lucknow along with a certified copy of this order, raising all its grievances within a period of one month from today. In case, any such representation is filed by the petitioner, the respondent no.4 shall consider and decide the same strictly in accordance with law by a reasoned and speaking order expeditiously preferably within a period of two months thereafter. Order Date :- 13.2.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad