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Punjab-Haryana High Court

Association Of Volunteers For ... vs Union Of India And Others on 20 November, 2013

Bench: Sanjay Kishan Kaul, Augustine George Masih

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH

                                             CWP No. 1904 of 2013
                                             Date of Decision : 20.11.2013

Association of Volunteers for Students' Rights (AVSR) ....... Petitioner

                                    Versus
Union of India and others                                ..... Respondents

CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. Jatinder Kumar Kamboj, for, Mr. Yogesh Gupta, Advocate, for the petitioners. Mr. Rupinder S. Khosla, Assistant Solicitor General, with, Ms. Ritu Sawarn Sharma, Central Government Counsel, for respondent No. 1-UOI.

Mr. Harsimran S. Sethi, Additional Advocate General, Punjab, for respondents No. 2 to 8.

Dr. B.M. Singh, Advocate, for respondent No. 10. Mr. Mukesh K. Sharma, Advocate, for, Mr. Parveen K. Kataria, Advocate, for respondent No. 11. Mr. H.N.S. Gill, Advocate, for respondents No. 12 and 16. Mr. Puneet Sharma, Advocate, for respondent No. 13-PTU. Mr. V.M. Gupta, Advocate, for respondent No. 17-Thapar Univ. Mr. Puneet Gupta, Advocate, for respondent No. 18. SANJAY KISHAN KAUL, CHIEF JUSTICE (ORAL) The writ petition was filed seeking implementation of the Scheme of Post Matric Scholarship Scheme for students belonging to scheduled castes. An objection was sought to be raised regarding the locus of the petitioner, but keeping in mind the public importance of the matter in issue, it was treated as a matter of Court on its own motion in terms of orders dated 24.5.2013.

The aforesaid order referred to the Scheme annexed as Annexure- P-1. The Scheme is to be implemented by State Governments and Union Territory, Administrations etc. on a 100% central assistance from the Government of India. In the petition, it was alleged the despite receiving central assistance from the Central Government, the State Government was not implementing the Scheme.

2013.11.21 11:50 I attest to the accuracy and integrity of this document Chandigarh CWP No. 1904 of 2013 -2-

The stand of the State of Punjab was that they had completed whatever formalities were required for release of the fund, but the matter was still pending with the Ministry of Social Justice and Empowerment, Union of India. It is only after two dates that now an affidavit has been filed by the State Government informing that vide letter dated 1.11.2013, the Central Government has sanctioned ` 280.81 crores as central assistance. The payment of scholarship is to be made into bank accounts of the students/Institution through online Banking Management System and thus, six weeks time is prayed for to carry out disbursement as 3.5 lacs students are entitled to the benefit spread over 2000 institutions.

The aforesaid thus, shows that the central assistance has now been forthcoming and the State Government is now in the process of disbursing the amount which shall be so implemented within a time bound schedule of six weeks. Since the Scheme is on yearly basis, both the Central Government and the State Government must ensure that timely payments under the Scheme are made.

The petition stands disposed of.

List for compliance on 17.1.2014, 3 days prior to which the State Government will file compliance report.

(SANJAY KISHAN KAUL) CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 20.11.2013 sjks Sharma Sanjiv Kumar 2013.11.21 11:50 I attest to the accuracy and integrity of this document Chandigarh