Rajasthan High Court - Jodhpur
Shispal And Ors vs Union Of India And Ors on 24 August, 2020
Bench: Sangeet Lodha, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 14613/2017
1. Shispal S/o Shri Dilip Ji, R/o Ward No. 1 Village And Post
Dholipal, District Hanumangarh, Rajasthan.
2. Jogendra Kumar S/o Shri Gauri Shankar Ji, R/o Ward No.
3 New Khuja, Hanumangarh, Rajasthan.
3. Arun Singh S/o Shri Ramprit Singh, R/o Ward No. 3 New
Khnuja, Hanumangarh.
4. Gurmail Singh S/o Shri Bindu Singh, R/o Ward No. 8,
Ubali Baas, Qutub, 30 Ssw, Hanumangarh.
5. Bal Ram S/o Shri Puran Ram, R/o Ward No.4, Village And
Post Kamana, 24 Ssw, Hanumangarh.
6. Praveen Kumar S/o Shri Mangla Ram, R/o Ward No. 4,
Kamana, Dabli Baas Chugata, 2 Pbn, Hanumangarh.
7. Mangi Lal S/o Shri Badri Prasad, R/o Ward No. 12, Village
And Post Nukera, Hanumangarh.
8. Vijaypal S/o Shri Krishan Lal, R/o Ward No.5, 11 Dlp
Dholipaal, Hanumangarh.
9. Mohan Lal S/o Shri Ladhu Ram, R/o Ward No. 2
Sindhuwala, Post Saamsara Jakhdaan, 22 Stb Suratgarh,
Ganganagar.
10. Ravi Kumar S/o Shri Om Prakash, R/o 32 Ml, Sautanwali,
Raisingh Nagar, Ganganagar.
11. Kashmiri Lal S/o Shri Sohan Lal, R/o Ward No. 4, 5 Dbn,
Ganganagar.
12. Raghuveer S/o Shri Ram Kumar, R/o Ward No. 4, 22 Lgw,
Ganganagar.
13. Jagdish Kumar S/o Shri Gaurdhan Lal, R/o 17 Knd-A,
Khanuwali, Ganganagar.
14. Paramjeet Singh S/o Shri Baldev Singh, R/o Bhadvawali
Dhani, Sardarpura Villa, Ganganagar.
15. Harichand S/o Shri Hari Ram, R/o 23 Sd, Kalyan Kote,
Ganganagar.
16. Vinod Kumar S/o Shri Sardul Ram, R/o Ward No. 5, 17
Knd-A, Khanuwali, Ganganagar.
17. Radheyshyam S/o Shri Mangtu Ram, R/o Ward No. 5, 17
Knd-A, Khanuwali, Ganganagar.
18. Mukesh Kumar S/o Shri Chiman Lal, R/o Ward No. 5, 17
Knd-A, Ganganagar.
19. Ramesh Kumar S/o Shri Shyokaran, R/o Ward No. 6,
Sulera, Bikaner.
----Petitioners
Versus
1. Union Of India Through Secretary, Ministary Of Social
Justice And Empowerment, Government Of India, New
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(2 of 3) [CW-14613/2017]
Delhi.
2. State Of Rajasthan Through Chief Secretary, Government
Of Rajasthan, Jaipur, Rajasthan.
3. Additional Chief Secretary, Social Justice And
Empowerment Department, Government Of Rajasthan,
Jaipur, Rajasthan.
4. Secretary, Department Of Finance, Government Of
Rajasthan, Jaipur, Rajasthan.
5. Director, Social Justice And Empowerment Department,
Government Of Rajasthan, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sajjan Singh Rathore
For Respondent(s) : Mr. Anil Kumar Gaur, AAG
Mr. B.P. Bohra
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 24/08/2020 This writ petition has been filed by the petitioners aggrieved by action of the State Government in stopping the grant of scholarship under the Centrally Sponsored Scheme for Post Matric Scholarships, to the Students, who are bona fide residents of State of Rajasthan studying outside the State of Rajasthan.
Precisely, the case of the petitioners is that as per the Scheme promulgated by the Government of India, Ministry of Social Justice & Empowerment, all the members of Scheduled Casts or Other Backward Class are entitled for scholarship subject to application of Means Test prescribed under the Scheme and the candidates belonging to one State but studying in other State are entitled for award of scholarship by the State to which they belong. The Scheme further provides that in the matter of exemption from fees or other concessions also they will be treated as if they were studying in their own State.
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(3 of 3) [CW-14613/2017] It is not disputed before us by the counsel appearing for the respondents that in terms of the Scheme the bona fide residents of the State of Rajasthan, studying outside the State of Rajasthan, are entitled for scholarship under the Scheme, subject to fulfillment of the condition incorporated therein.
In the petition, the petitioners have not set out the relevant facts regarding their making application for award of scholarship and have also not disclosed that after matriculation where and in which they are studying.
In this view of the matter, no specific direction can be issued by this Court regarding grant of scholarship to the petitioners herein. However, keeping in view the provisions of the Scheme, the respondents are directed not to deny the scholarship to the students under the Scheme, who are bona fide residents of State of Rajasthan but studying outside the State.
With these directions, the writ petition filed by the petitioners stands disposed of.
(RAMESHWAR VYAS),J (SANGEET LODHA),J
59-AK Chouhan/-
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