Himachal Pradesh High Court
Tanvi Rehal vs . Uoi & Ors. on 8 March, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
Tanvi Rehal vs. UOI & Ors.
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CWP No. 5244 of 2021 08.03.2022 Present: Mr. Ravi Tanta, Advocate, for the petitioner.
Mr. Rajinder Thakur, CGSC, for respondent No. 1.
Mr. Ashok Sharma, Advocate General with Mr. Shiv Pal Manhans, Mr. Vinod Thakur Additional Advocates General, Mr. Yudhvir Singh Thakur, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer for r respondents No. 2 and 3.
After having heard the matter in the pre lunch session, we called for the presence of Director, Higher Education, to the Government of Himachal Pradesh to assist the Court. In compliance thereto, Dr. Harish Kumar, Joint Director of Higher Education, is present in person.
The Court has apprised the Joint Director about serious concern, it has, with regard to the approach of the respondents, as also the Union of India in this matter, whereby rights of the petitioners, who are none other than the students belonging to downtrodden OBC, SC and ST, for release of the scholarships, are sought to be defeated on hyperÂtechnical grounds.
One of the grounds for rejecting the claim of the petitioners, as also similarly situate students is that ::: Downloaded on - 09/03/2022 20:12:26 :::CIS they have not submitted their documents online within .
stipulated period.
One really wonders, how the students could have been expected to submit the documents online when as per the letter issued on 16th March, 2021, the Director of Higher Education itself has informed the private universities/institutions inside/outside the State of Himachal Pradesh that no demand would be considered after 31st March, 2021 and the online portal shall be closed thereafter.
That apart, why no steps have been taken by the respondents for permitting the students to submit their documents offline or physically or for that matter through post is not at all forthcoming.
Every litigation cannot be taken adversely, more especially, the litigation of the instant kind, where the students are bound to approach the Court for release of their scholarship. We hope and trust that better sense would prevail upon the officers of the Central Government and State Government and these are seen by human heart rather than with confrontation.
In the given facts and circumstances, we deem it proper to direct the Director of Higher Education and under Secretary of respondent No. 1 to have a joint meeting (may be on the virtual platform), latest by 10 th March, 2022 ::: Downloaded on - 09/03/2022 20:12:26 :::CIS at 11:00 A.M. and resolve the issue and report compliance .
on the next date of hearing.
List on 15th March, 2022. Personal presence of Joint Director, Higher Education, is dispensed with.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 8th March, 2022 (himani/raman) ::: Downloaded on - 09/03/2022 20:12:26 :::CIS