Gujarat High Court
Hiral Muljibhai Solanki vs State Of Gujarat on 18 April, 2022
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SCA/715/2021 ORDER DATED: 18/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 715 of 2021
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HIRAL MULJIBHAI SOLANKI
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
for the Petitioner(s) No. 1
MR ZUBIN F BHARDA(159) for the Petitioner(s) No. 1
MR JAY UPADHYAY for the Respondent(s) No. 2
MR TRUPESH KATHIRIYA, AGP for the Respondent(s) No. 1
VIKAS V NAIR(7444) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 18/04/2022
ORAL ORDER
1. Heard learned advocate Mr. Zubin F. Bharda for the petitioner, learned advocate Mr. Jay Upadhyay for respondent no.2, learned advocate Mr. Vikas V. Nair for respondent no.3 and learned Assistant Government Pleader Mr. Trupesh Kathiriya for the respondent-State.
2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :
"(A) This application may be admitted and allowed.
(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction and thereby direct the respondent No.1 to grant the scholarship to the Page 1 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022 C/SCA/715/2021 ORDER DATED: 18/04/2022 petitioner in accordance with the Centrally Sponsored Scheme of the Post Matric Scholarships to the Students Belonging to the Schedule Castes for Studies in India, in the larger interest of justice.
(C) Pending hearing and till the final disposal of the present petition Your Lordship may be pleased to direct the respondent no.2 and 3 to allow her to fill up the examination form of her M.D. (Anesthesia) and may also allow her to attend the exam which is scheduled on 01.05.2021.
(D) Any other relief which Your Lordships may deem fit, just and proper in the interest of justice may kindly be granted."
3. This Court (Coram : Hon'ble Mr. Justice Biren Vaishnav) passed the following order on 10th February, 2021 :
"1. In this petition under Article 226 of the Constitution of India, the petitioner has approached this Court with a prayer that the respondents be directed to grant scholarship to the petitioner in accordance with the Centrally Sponsored Scheme of the Post Matric Scholarship awarded to the students belonging to the schedule caste.
2. The case of the petitioner is that she is pursuing her studies in M.D. Anesthesiology in the college- respondent no.2 since 2018. The academic session of 3rd Master's Course would end in June, 2021. The annual fees for the course is of Rs.8 lakhs per annum. In all therefore the Page 2 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022 C/SCA/715/2021 ORDER DATED: 18/04/2022 petitioner has to pay a total fees of Rs.24 lakhs. The petitioner has approached this Court by way of a petition stating that she has paid an amount of Rs.8 lakhs and the outstanding fees of Rs.16 lakhs may be waived / adjusted in lieu of her entitlement to the scholarship under the Centrally Sponsored Scheme of post matric scholarship to the students belonging to Scheduled Caste. Averments in the petition were made that the college was forcing her to pay fees of the outstanding amount of Rs.16 lakhs when otherwise her applications for the scholarship were pending decision at the hands of the competent authorities. On 12.01.2021, the Court passed the following order:
"1. It is the case of the petitioner that she is a Scheduled Caste candidate pursing her M.D. (Anesthesiology). Her father is a labourer at Morbi. The income certificate indicates that the annual income of the father of the petitioner is Rs.48,000/-. She had applied for scholarship under the reserved category, the application for which is pending. Despite dire financial constrains, she paid Rs.8 lakhs as fees for May and December, 2018 semesters. Her eligibility for scholarship is not yet decided and now she has been asked to pay fees of Rs.16 lakhs for the remaining four semesters, failing which, she will not be entitled to appear in the ensuing examination in May, 2021.
2. Mr.Jinesh Kapadia learned advocate for the petitioner states that the last date for filling up the form is 15.01.2021. The respondent college no.2 shall Page 3 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022 C/SCA/715/2021 ORDER DATED: 18/04/2022 permit the petitioner to fill in her form for the examination of M.D. (Anesthesiology) subject to further orders.
3. Issue NOTICE returnable on 27.01.2021. Registry to communicate the order through E- mail."
3. On the returnable date, Mr.Sudhir Nanavati learned Senior Advocate with Mr.Vandan Baxi learned advocate appeared for the respondent no.2- college and Mr.Vikas Nair appeared for the respondent no.3-Gujarat University.
4. Taking the Court through affidavit in reply filed by Dr.Yogendra Modi, DEAN of the GCS Medical College, Hospital and Research Center, it was pointed out by Shri Sudhir Nanavati that the allegations against the college forcing the petitioner to pay the fees, was misconceived. He would submit that the regulations of the Medical Council of India viz. the Medical Council of India Post Graduate Medical Education Regulations 2000, mandates that a stipend has to be paid to the postgraduate students. The petitioner till date has received an amount of Rs.18,61,892/- as the amount of stipend. The college is bound to pay such stipend. Inviting the attention of the Court to the scheme under which the scholarship entitlement is claimed by the petitioner, Mr.Nanavati would submit that in accordance with the scheme, the petitioner is bound to reimburse and refund the stipend that she has received from the college in the event the petitioner is awarded scholarship under the scheme. She cannot on the basis of her pending applications for scholarship be given indulgence not to pay the fees, which Page 4 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022 C/SCA/715/2021 ORDER DATED: 18/04/2022 today is outstanding at Rs.16 lakhs when she has already received stipend of Rs.18,61,892/- and would still receive an additional amount which would almost bridge the gap of the deficit fees that the petitioner is bound to pay.
5. Considering the scheme of the Central Government for awarding scholarship to students like the petitioner and having perused the affidavit in reply filed by the college, the allegation of the petitioner that she has been forced by the college to pay the fees is an allegation which is misconceived. Admittedly she has paid an amount of fees to the tune of Rs.8 lakhs only, as against which she had received a total stipend of Rs.18,61,892/- upto December 2020. The scheme envisages that a request for scholarships has to be made year to year. The first application made by the petitioner after having secured the admission was on 15.11.2018. Thereafter the application is made on 09.01.2021 whereas the present petition was filed on 10.01.2021. Admittedly these applications are pending for decision at the hands of the competent respondents.
6. It cannot be comprehended that after having secured the benefit of stipend to the tune of Rs.18,61,892/- which the college is mandated to pay and which the petitioner has received that the petitioner can be given the indulgence of not paying the outstanding amount of fees of Rs.16 lakhs to the college in which she secured admission through the ACPC.
7. Since the applications for entitlement to scholarship are pending Page 5 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022 C/SCA/715/2021 ORDER DATED: 18/04/2022 before the competent authorities, the competent respondents are directed to decide the applications for scholarship under the scheme on or before 15.03.2021.
8. As far as the amount of outstanding fees to the tune of Rs.16 lakhs is concerned, the petitioner shall file an undertaking before this Court within a week from today that she shall pay the outstanding fees to the respondent no.2-college of Rs.16 lakhs on or before 25.04.2021. This direction is independent of any outcome that may be given to her entitlement to the scholarship issue. In the event a positive decision is taken by the competent authority on the application for scholarship and the petitioner receives such scholarship, the stipend amount that she receives during the entire tenure of her course shall be refunded to the college within two weeks from the time that the scholarship amount is deposited in her account in the event of a favorable decision.
9. The petitioner is therefore directed to file an undertaking to the effect that;
(i) She will pay the outstanding amount of fees to the college of Rs.16 lakhs on or before 25.04.2021.
(ii) In the event the petitioner's scholarship application is decided positively and she receives the scholarship amount for the academic course of M.D. Anesthesiology, she will refund the amount of stipend within a period of two weeks on the scholarship amount being deposited in her account.
(iii) It is clarified that in the event Page 6 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022 C/SCA/715/2021 ORDER DATED: 18/04/2022 the petitioner fails to pay the outstanding fees of Rs.16 lakhs on or before 25.04.2021, she will not be entitled to appear in the exams of the final semester of M.D. Anesthesiology course of the respondent University. It is also clarified that on her failure to pay outstanding fees the college as well as the university will not be obliged to award the Degree of M.D. Anesthesiology.
10.Stand over to 19.03.2021, to report compliance of the direction visa-vis the issue of scholarship. It is clarified that the application of the scholarship will be decided on its own merits in accordance with law."
4. Thereafter, this Court passed the following order on 14th February, 2022 :
"Heard learned advocate Mr.Zubin Bharda for the petitioner, learned Assistant Government Pleader Mr.Trupesh Kathiriya for the respondent No.1, learned advocate Mr. Vandan Baxi for the respondent No.2 and learned advocate Mr.Vikas Nair for the respondent No.3 through video conference.
Learned AGP Mr.Kathiriya, under instructions, submitted that appropriate order shall be passed by the respondent authority to grant scholarship to the petitioner on condition of refund of the stipend received by the petitioner from the respondent No.2 - Institution, or the entire amount of scholarship shall be paid to the respondent No.2 with a direction to adjust the stipend amount and excess, if any, to be paid to the petitioner. He further submitted that such order shall be passed within a Page 7 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022 C/SCA/715/2021 ORDER DATED: 18/04/2022 period of 10 days from today.
Stand over to 7th March, 2022."
5. Learned advocate Mr. Jay Upadhyay for respondent no.2 submitted affidavit of respondent no.2 along with office order dated 21st February, 2022 passed by the Deputy Director, Schedule Caste Welfare Department. It was pointed out that pursuant to the order dated 14th February, 2022 passed by this Court, respondent no.1-authority passed the order of payment of Rs.23,19,900/- as scholarship amount to the petitioner and respondent no.2 has adjusted the amount of scholarship against the stipend already received by the petitioner and the excess amount of Rs.1,98,911/- is required to be paid to the petitioner and further, a cheque is also prepared by respondent no.2.
6. Learned advocate Mr. Bharda thereafter submitted the affidavit of the petitioner claiming that the petitioner is entitled to a difference of Rs. 1,26,000/- towards the scholarship amount, Rs.32,848/- towards examination fees and Rs. 50,000/- collected by respondent no.2 towards the books which were supplied to the petitioner.
7. Learned advocate Mr. Upadhyay for respondent no.2 submitted that respondent no.2 has filed further affidavit stating that the petitioner is entitled to difference of scholarship of Rs. 1,26,000/- and respondent no.2 is ready and Page 8 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022 C/SCA/715/2021 ORDER DATED: 18/04/2022 willing to pay the same by Account Payee cheque in the name of the petitioner. With regard to the amount of Rs.50,000/- collected towards the books, it was submitted that the petitioner has not deposited Rs. 50,000/- and therefore, the petitioner is not entitled for refund of the same and insofar as the examination fees of Rs.32,848/- paid by the petitioner is concerned, the petitioner is not entitled to get the refund of the same by way of scholarship and therefore, the petitioner is not entitled to receive the said amount.
8. Considering the above facts emerging from the record, the petitioner is entitled to Rs. 1,98,911/- towards the difference of scholarship with an additional amount of Rs. 1,26,000/- as calculated by respondent no.2 in further affidavit filed on 9th March, 2022. Respondent no.1 shall hand over the cheques of Rs. 1,98,911/- and Rs. 1,26,000/- to the petitioner within a period of one week from today and the petitioner shall accept the same as full and final payment towards the claim of scholarship made by the petitioner.
9. With the aforesaid directions, the petition is disposed of. Notice is discharged.
(BHARGAV D. KARIA, J) RAGHUNATH R NAIR Page 9 of 9 Downloaded on : Wed Apr 20 20:45:44 IST 2022