Himachal Pradesh High Court
Shekhar Raju S/O Sh. Amar Basant ... vs National Institute Of Fashion on 24 May, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 24th DAY OF MAY, 2022
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION No. 223 of 2018 WITH
CIVIL WRIT PETITION No. 1119 of 2019.
CIVIL WRIT PETITION No. 223 of 2018.
Between:-
SHEKHAR RAJU S/O SH. AMAR BASANT RAAJBANSH,
RESIDENT OF VILLAGE ANSOLI, POST OFFICE
MATOUR, TEHSIL AND DISTT. KANGRA, H.P.
......PETITIONER.
(BY SH. AVINASH JARYAL, ADVOCATE)
AND
1. NATIONAL INSTITUTE OF FASHION
TECHNOLOGY(NIFT) THROUGH DIRECTOR
GENERAL, HAUZKHAS, NEAR GULMOHAR
PARK, NEW DELHI.
2. DIRECTOR, NATIONAL INSTITUTE OF FASHION
TECHNOLOGY(NIFT) CAMPUS, CHHEB, KANGRA,
DISTT. KANGRA, HIMACHAL PRADESH.
......RESPONDENTS.
( BY SH. ANSHUL BANSAL, ADVOCATE)
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2
CIVIL WRIT PETITION No.1119 of 2019.
.
Between:-
SHEKHAR RAJU SON OF SH. A.B. RAAJBANSH,
VILLAGE ANSOLI, P.O. MATAUR,
TEHSIL AND DISTT. KANGRA, HIMACHAL PRADESH.
......PETITIONER.
(BY SH. NITIN THAKUR, ADVOCATE,
LEGAL AID COUNSEL)
AND
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF SOCIAL JUSTICE AND
EMPOWERMENT, SHASTRI BHAWAN,
SANSAD MARG, NEW DELHI.
2. UNION OF INDIA, THROUGH IS SECRETARY,
MINISTRY OF TRIBAL AFFAIRS, SHASTRI
BHAWAN, SANSAD MARG, NEW DELHI.
3. STATE OF HIMACHAL PRADESH, THROUGH
ITS SECRETARY, DEPARTMENT OF HIGHER
EDUCATION, HIMACHAL PRADESH GOVT.,
SHIMLA.
4. SECRETARY, DIRECTORATE OF HIGHER
EDUCATION, HIMACHAL PRADESH GOVT.,
SHIMLA.
5. SECRETARY, DIRECTORATE OF SOCIAL
WELFARE, HIMACHAL PRADESH GOVT.,
SHIMLA.
6. NATIONAL INSTITUTE OF FASHION TECHNOLOGY
THROUGH ITS DIRECTOR GENERAL HAUZ KHAZ,
NEAR GULMOHAR PARK,NEW DELHI.
7. DIRECTOR, NATIONAL INSTITUTE OF FASHION
TECHNOLOGY CAMPUS, CHHEB, KANGRA,
DISTRICT KANGRA, HIMACHAL PRADESH.
......RESPONDENTS.
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(SH. BALRAM SHARMA, ASSISTANT
SOLICITOR GENERAL OF INDIA,
.
FOR RESPONDENTS-1, 2, 6 AND 7-UOI)
(SH. ASHOK SHARMA, ADVOCATE GENERAL
WITH SH. RAJINDER DOGRA, SENIOR ADDITIONAL
ADVOCATE GENERAL, SH. VINOD THAKUR,
SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE
GENERALS, SH. BHUPINDER THAKUR,
SH. YUDHBIR SINGH THAKUR, DEPUTY
ADVOCATE GENERALS AND SH. RAJAT CHAUHAN,
LAW OFFICER, FOR RESPONDENTS-3, 4
AND 5/STATE)
________________________________________________________________
These petitions coming on for admission after
notice this day, Hon'ble Mr. Justice Tarlok Singh
Chauhan, passed the following:
ORDER
Both these petitions are at the behest of an extremely poor student belonging to the Scheduled Caste Category, who even though opted to pursue his career in Fashion Designing, but was not in a position to pay his fees.
It was probably on account of this pressure and tension that the petitioner could not clear/pass some of the papers at the first instance and cleared the same subsequently.
2. Eventually, even though, the petitioner finally cleared all the papers, yet his fees amounting to Rs. 5,57,190/- was still due and because of this, his result was not being declared.
::: Downloaded on - 25/05/2022 20:06:08 :::CIS 43. On 26.04.2022, this Court passed the following order:-
.
"Even though the petitioner has passed in all the papers, however his result has not been declared as he has failed to deposit the entire fees of the courses in question.
2. As a matter of fact, it was a Coordinate Bench of this Court, which had imposed the condition of depositing of fee, as prerequisite, for declaring the result of the petitioner and awarding him the degree.
3. We are informed that probably the Principal of the College or the Managing Committee thereof does have some powers to relax/waive off the condition of depositing of fee. If that be so, it is always open to the petitioner to file a representation, which representation in case filed within a week, shall be considered within two weeks from the receipt thereof and the decision in question shall be placed on record on or before the next date of hearing.
List on 24.5.2022."
4. Today, the learned Assistant Solicitor General of India has placed before us the instructions dated 20.05.2022 which go to reveal that NIFT, Kangra, has decided to waive off the entire fees.
5. We appreciate the magnanimity and the kind gesture shown by the NIFT in coming to rescue of the petitioner.
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petitioner to clear his examinations and waiver of fee will not be treated as a precedent in future.
7. Now that both the petitions have served their purpose, therefore, these petitions are ordered to be closed, along with pending applications, if any, leaving the parties to bear their own costs.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 24th May, 2022.
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