Madras High Court
K.V.Madavaraj vs The Commissioner Of Minorities' ... on 20 June, 2017
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20-06-2017
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P.No.5554 of 2017
and
W.M.P.No.5894 of 2017
K.V.Madavaraj ... Petitioner
-Vs-
1. The Commissioner of Minorities' Welfare,
Ministry of Minority Affairs,
11th Floor, Pandit Deendayal Antyodays Bhavan,
CGO Complex, Lodhi Road,
New Delhi 110 003.
2. The Commissioner of Minorities Welfare (FAC)
Department of Minorities Welfare,
807, (V-Floor) Anna Salai,
Chennai 600 002.
3. The Principal/Correspondent
Venkateswara Matric School,
Perasiriyar Nagar, Orikkal Post,
Kanchipuram 631 502.
4. The Principal,
Infant Jesus Matric Hr.Sec.School,
Kamatchi Amman Colony,
Orikkal Post,
Kanchipuram 631 502.
5. The Bank Manager,
State Bank of India,
No.29,30, 30B, Annai Indira Gandhi Salai,
Kancheepuram, Pin 631 501. ... Respondents
Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st and 2nd respondents to release the scholarships to the children of the petitioner namely Editioncary .M for the year 2014 -2015 and 2015-2016 (Post matric), AMY Grace.M for the year 2015-2016 and 2016-2017 (Post matric) and EPHRATH JOICE.M for year 2015-2016 (Pre matric) and 2016-2017 (Post matric).
For Petitioner : Mr.K.V.Madavaraj
Party-in-person
For Respondents : Mr.P.Ayyaswamy
CGSC for R1 and R2
: Mr.A.R.Nixon for R3
: Ms.A.Arul Mary for R4
: Mr.K.Chandrasekar for R5
O R D E R
This Writ Petition has been filed for seeking for a direction to the first and second respondents to release the scholarships to the children of the petitioner.
2. The case of the petitioner is that the second respondent who has disbursed the scholarships available to the children of the minorities has not done for the children of the petitioner. Therefore, he has moved this Court in person stating that he had submitted the required documents to the fourth respondent who in turn sent them to the second respondent for processing the scholarship applications.
3. The first respondent has filed a counter affidavit, wherein it is stated that Pre-Matric Scholarship scheme for minorities was implemented under the offline mode till the year 2014-15 and 2016-17 through the National Scholarship Portal (NSP) under DBT mode from 2015-16. Similarly, the Post Matric Scholarship for the minorities was implemented through the online scholarship Management System (OSMS) from 2012-13 to 2014-15 and through the National Scholarship (NSP) for the years 2015-16 & 2016-17 and under DBT mode from 2014-15. All the eligible students were required to apply online on these portals. Thereafter, the respective State Governments/UTs being the implementing agencies would verify the application and take actions required for payment of scholarships to the students. It is further stated that the status of the applicant can be ascertained by the Ministry of Minority Affairs only if the Application ID as well as the Date of Birth of an applicant/application is available with the Ministry of Minority Affairs and the Tamil Nadu Government.
4. It is stated by the petitioner that when the petitioner had sought information about the status of their scholarships through RTI, for which he received reply from the second respondent stating that proper account details were not given and also Application I.D. and the Date of Birth details were not mentioned in the RTI applications. However, the status as on today is that the petitioner's children were not paid the scholarships.
5. This Court, by an order dated 12.06.2017, had directed the petitioner to take assistance of the fourth respondent School and apply it again for the same period either online or through any other proper mode to the first respondent.
6. Today, the petitioner, who appeared as party-in-person would submit that the petitioner had applied to the respondents with the help of the fourth respondent online and the online portals were not opened. Hence, the petitioner sent the application through Registered post on 14.06.2017, to the first and the second respondents. The said application was also delivered to the first respondent on 16.06.2017, as evidenced by the India Post Track consignment.
7. It is now stated by the learned counsel for the first respondent that if the application is received, the same would be considered within a period of four weeks, from the date of receipt of a copy of this order.
8. Accordingly, the first respondent is directed to consider the application of the petitioner, within a period of four weeks from the date of receipt of a copy of this order and give scholarship to the children of the petitioner as prayed for by him.
9. This Writ Petition is disposed of accordingly. No costs.
10. Post for compliance on 01.08.2017.
20.06.2017 vv/arr PUSHPA SATHYANARAYANA, J vv/arr To
1. The Commissioner of Minorities' Welfare, Ministry of Minority Affairs, 11th Floor, Pandit Deendayal Antyodays Bhavan, CGO Complex, Lodhi Road, New Delhi 110 003.
2. The Commissioner of Minorities Welfare (FAC) Department of Minorities Welfare, 807, (V-Floor) Anna Salai, Chennai 600 002.
3. The Principal/Correspondent Venkateswara Matric School, Perasiriyar Nagar, Orikkal Post, Kanchipuram 631 502.
4. The Principal, Infant Jesus Matric Hr.Sec.School, Kamatchi Amman Colony, Orikkal Post, Kanchipuram 631 502.
5. The Bank Manager, State Bank of India, No.29,30, 30B, Annai Indira Gandhi Salai, Kancheepuram, Pin 631 501.
W.P.No.5554 of 2017and W.M.P.No.5894 of 2017 20.06.2017 20.06.2017 http://www.judis.nic.in