Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 45236 (ALL)

C/M K.C.M. EDUCATIONAL SOCIETY THRU MANAGER CUM SECY. v. STATE OF U.P. AND 2 OTHERS

WRIC/27939/2014 · 2025-02-17

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:23302 Court No. - 32 Case :- WRIT - C No. - 27939 of 2014 Petitioner :- C/M K.C.M. Educational Society Thru Manager Cum Secy. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.K. Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. By means of the present writ petition, the petitioner has prayed for the following reliefs:- "(i). Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to ensure reimbursement of fee/scholarship payable to the students of schedule caste category who studied in academic session 2011-12 in both institutions of petitioner within some specified period as this Hon'ble Court deem fit and proper. (ii). Issue any other writ, order or directions, as this Hon'ble Court deems fit and proper in the circumstances of the case. (iii). Award the cost of writ petition in favour of the petitioner." 2. In paragraph No.5 of the counter affidavit filed by the respondents it has been asserted that in the year 2011-12 for fulfilling of Dashmottar scholarship/fee reimbursement by NIC during processing of Data of the institutions of the District, there was error with CD for demand of scholarship/fee reimbursement of the institution of the petitioner due to which the scholarship/fee reimbursement of the scheduled castes candidates were treated to be junk/suspected Data which after its amendment again was made available vide letter No.10184-85 dated 28.02.2012, but due to end of time, the Data of the CD could not be uploaded on the website of the management by NIC. 3. From reading of paragraph No.5 of the counter affidavit, it appears that sole fault in uploading the Data is on the part of the respondents and for this, the petitioner cannot be held liable. In such view of the fact, the writ petition is disposed off directing the respondents to consider the claim of the petitioner for scholarship/fee reimbursement for the session 2011-12 on merit and not on the ground that the period of uploading the Data with CD has expired. 4. Accordingly, the writ petition is disposed off permitting the petitioner to file a detailed representation before the respondent No.2-Director, Social Welfare, UP, Lucknow who shall consider and decide the same on merit and in case it is found that the petitioner is eligible for scholarship/fee reimbursement that shall be paid to the petitioner. Order Date :- 18.2.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad