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2025 DAILYLAW 16282 (RAJ)

PREETI YADAV v. UNION OF INDIA AND ANR

CW/5304/2018 · 2025-05-21

Anoop Kumar Dhand

body2025

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[2025:RJ-JP:21439] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5304/2018 Preeti Yadav Daughter Of Shri Dharamveer Yadav, Age About More Than 18 Years, Resident Of Near D.v.m. Public School, Village Jharoda, Tahasil Baharod, District Alwar, Rajasthan. ----Petitioner Versus 1. Union Of India Through The Secretary, Ministry Of Science And Technology, Department Of Science And, Technology Bhavan, New Maharoli Road, New Delhi- 110 016. 2. The Officer In Charge Concern, Ministry Of Science And Technology, Department Of Science And Techno, Technology Bhavan, New Maharoli Road, New Delhi- 110 016. ----Respondents For Petitioner(s) : Mr.Sudhir Yadav For Respondent(s) : Mr.Prashant Chaturvedi Ms.Nandini Chaturvedi JUSTICE ANOOP KUMAR DHAND Order 21/05/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “It is, therefore, respectfully prayed that your Lordships may kindly be pleased to allow the writ petition and (1.) by issuing appropriate writ, order or direction the respondents may kindly be directed to consider the petitioner’s application for awarding scholarship for her higher education under the INSPIRE Scheme of the Government of India. [2025:RJ-JP:21439] (2 of 5) [CW-5304/2018] (2.) any other appropriate writ, order or direction which the Hon’ble Court may think it proper in the facts and circumstances may kindly be passed in favour of the petitioner. Cost of this petition be also awarded.” 2. By way of filing this writ petition, the petitioner is seeking direction against the respondents to consider her application for awarding scholarship for higher education under the INSPIRE Scheme of Government of India. 3. Learned counsel for the petitioner submits that the petitioner secured 89% marks in her senior secondary exam in 2016 and the Board of Secondary Education, Rajasthan (for short, “the Board”) declared and certified that the petitioner is eligible to get the aforesaid scholarship. Counsel submits that the petitioner submitted an application along-with the requisite documents on the web portal of the respondents for making her claim to get the aforesaid scholarship on 12.01.2017 and she was awaiting for the scholarship and response of the respondents. When the same was not provided to the petitioner, she submitted an application under Right to Information (for short, “the RTI”) on 28.11.2017. Counsel submits that through reply to the aforesaid application dated 11.12.2017, the petitioner was informed that a provisional offer letter was sent to the portal, but the petitioner did not furnish the necessary documents within mandatory period of 120 days as mentioned in the Provisional Offer Letter. 4. Counsel submits that the petitioner has submitted her application through E-Mitra on the web portal of the respondents, hence, she did not receive any communication/ information about [2025:RJ-JP:21439] (3 of 5) [CW-5304/2018] the provisional offer letter dated 07.06.2017, hence, she could not upload the desired information/ documents upon the web portal of the respondents. Counsel submits that there was no fault of the petitioner in not doing the needful as desired by the respondents due lack of communication between the parties. Counsel submits that the petitioner is a meritorious student and as per the scheme of the Government, she is entitled to get the aforesaid scholarship, hence, under these circumstances, interference of this Court is warranted. 5. Per contra, learned counsel for the respondents opposes the arguments and submits that a complete mechanism has been provided for submission of the application form and claiming the benefit of scholarship. Each and every eligible candidate is required/ supposed to do the needful exercise within the time prescribed. Counsel submits that a provisional offer letter was sent to the petitioner on 07.06.2017 at the web portal/ website of the respondents and the petitioner failed to respond to the same and also to furnish the desired information/ documents well-within time, i.e., 120 days, hence, under these circumstances, offer of her scholarship was withdrawn as per the norms. Counsel submits that under these circumstances, petitioner is not entitled to get any relief from this Court and the writ petition may kindly be rejected. 6. Heard and considered the submissions made at the Bar and perused the material available on record. 7. This fact is not in dispute that the petitioner was found to be meritorious and eligible for getting the scholarship under the INSPIRE Scheme of the respondents. This fact is also not in [2025:RJ-JP:21439] (4 of 5) [CW-5304/2018] dispute that the petitioner submitted the requisite application on 12.01.2017, but when she did not receive any scholarship/ information from the respondents, she submitted an application under the RTI Act and for the first time, she came to know about the fact that provisional offer letter was sent to her on 07.06.2017 on the web portal wherein the petitioner was directed to upload certain information/ documents. This fact is also not in dispute that the desired information/ documents have not been furnished by the petitioner well-within time. 8. The only question which remains for consideration of this Court is as to “whether the provisional offer letter was communicated to the petitioner or not”? 9. This fact is not in dispute that as per the mechanism provided by the respondents, each and every information is required to be checked, furnished and uploaded on the web portal prescribed by the respondents. It was the duty of the petitioner to check the same from time to time. It appears that the petitioner was sleeping over the matter since January till November and she did not made any effort to get the information and for the first time, she submitted an application under the RTI Act on 28.11.2017 and a response was given to her by the respondents vide reply dated 11.12.2017 wherein it was specifically mentioned that the petitioner has failed to upload the necessary information/ documents within the mandatory period of 120 days as mentioned in the Pre Offer Letter, hence, her provisional offer letter for scholarship was withdrawn by the respondents as per the norms. 10. When the petitioner received the aforesaid information in the month of December itself, still she remained silent and did not [2025:RJ-JP:21439] (5 of 5) [CW-5304/2018] bother to approach the appropriate forum of law and in the month of March, 2018, she filed the instant writ petition. This Court finds no fault on the part of the respondents in rejecting the application submitted by the petitioner as the petitioner herself is responsible for not furnishing the desired information/ documents within the time fixed by the respondents. 11. This Court finds no merit and substance in this petition. Accordingly, the same is hereby rejected. Stay application and all pending application(s), if any, also stands dismissed. (ANOOP KUMAR DHAND),J Aayush Sharma /56