2024:UHC:4813 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 805/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Lochan Singh, Advocate, i/b Mr. Aditya Singh, Advocate for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. (2) This writ petition has been filed by Phonic Group of Institution seeking the following reliefs: “i) Issue a writ, order or direction, in the nature of certiorari quashing the letter dated 26.2.2019 written by the Additional Chief Secretary, Government of Uttarakhand to Director Social Welfare Department Uttarakhand subject to its applicability on a minority institute. ii) Issue a writ, order or direction, in the nature of mandamus commanding the respondents to pay fee to petitioner institute which is a minority institute in terms of the fee fixed and approved by the Government in its letter dated 23.9.2014 or any other rates of fee fixed by the petitioner institute and not opposed by the Government.” (3) Petitioner is challenging the Government Order dated 26.2.2019, issued by Additional Chief Secretary, Social Welfare Department. The said government order provides that the scholarship payable to students belonging to SC, ST and OBC category for pursuing different educational courses in private educational institutions would be the amount payable as fee for similar courses in government colleges/institutions. The said government 2024:UHC:4813 order is applicable in respect of Financial Year 2018-19 only. In para 2 of the government order, it is mentioned that the stipulation regarding amount payable as fee would be in anticipation of determination of tuition fee by the Fee Regulatory Committee. (4) Petitioner contends that it is a minority institution, there the State Govt. cannot determine its fee structure. (5) This Court do not find any reason to interfere in the matter. The State Govt. has not determined the fee, which petitioner institution can charge for different courses. The impugned government order only determines the amount, which would be payable to students belonging to SC, ST and OBC category as scholarship for pursuing different educational courses from the institution run by the petitioner. (6) Since scholarship has to be given by the State Govt. from its own resources, therefore, State Govt. is the best judge to decide what amount is to be paid as scholarship. Petitioner, who is a recipient of the amount through the students, cannot question the amount payable as scholarship to the students and challenge, if any, could have been made only by the students belonging to weaker sections of the society. Writ petition is, accordingly, dismissed. (Manoj Kumar Tiwari, J.) 15.10.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d 462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA5 8C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.10.16 10:49:03 +05'30' 2024:UHC:4813