Allahabad High Court
Meydha Meritorious Education For ... vs State Of U.P. Thru Chief Secretary & Ors. ... on 30 July, 2010
Bench: Pradeep Kant, Ritu Raj Awasthi
Court No.1 C.M. Application No.74945 of 2010 In re Writ Petition No.11540(M/B) of 2008 Meydha Vs. State of U.P. and others. Hon'ble Pradeep Kant, J.
Hon'ble Ritu Raj Awasthi, J.
An application has been moved in this case by Sri Laxmi Kant Shukla, who represents the petitioner and is arguing the matter on its behalf, by means of which a grievance has been raised that despite the interim order passed by this Court on 29.01.2009 and the Government order issued on 1.10.2009 providing that all those students of whatever caste and class they belong, they shall be allowed to continue with their studies for the full course, if they have been admitted on or before 29.5.2009, the Universities and the institutions who are under obligation to allow them to study without asking for any admission fee, are putting pressure upon the students to make the payment of fee, saying that the Government has not made reimbursement to them, therefore, it is not possible to allow such students to continue with their studies. Annexure A-1 to the said application is a notice issued by the Chairman, Kashi Institute of Technology, which clearly says that since the Samaj Kalyan Adhikari, Varanasi has not been able to remit the amount because of the departmental problems, the remaining fee has to be deposited by the students from their own and only thereafter they would be given admission.
Sri D.K. Upadhyay, learned Chief Standing Counsel, in response, submitted that there can not be any occasion to charge fee from the students belonging to any class or category, who have been admitted to any course over and above the 10th class prior to May 29th, 2009 as the Government order which has been issued in pursuance of the interim order, against which Special Leave Petition has been dismissed, clearly states and provides that these students would be allowed to continue with their studies and complete their courses under the same terms of free education as was made available to them under the previous Government Orders. He, however, says that may be that Universities/institutions have not submitted their demand for reimbursement or for any reasons, some delay has occurred in reimbursing the said amount, but in such a situation also there can not be any ground for asking the students to make the payment of fee before their admission. He says that he would seek instructions in the matter and bring the said fact to the notice of the State Government.
Considering the aforesaid pleas and taking into consideration the specific instances given by the petitioner in the application as well as the letter aforesaid issued by one of the institutions, we feel and are prima-facie satisfied that despite the orders passed by this Court and the Government Order issued on 1.10.2009. The institutions can not escape from their liability to provide free admission to such students. There appears to be some sort of misunderstanding because of which the institutions and the Universities are asking for fee from such students and have given out that in absence of such payment being made by them they would not be allowed admissions.
We, therefore, under the circumstances, direct that all those students, who were admitted on or before May 29th, 2009 for any course belonging to any category in terms of the Government Order, which has been issued in compliance of the orders passed by this Court shall not be required to furnish/deposit any money towards fee for continuing their courses to which they have already been admitted or entitled to be admitted and all the Universities and the institutions in the State of U.P. would not deny the admissions or studies to such students, till further orders of the Court or till their courses are complete whichever is earlier.
We further direct that the State Government shall look into the grievances aforesaid and if there is any delay in making the reimbursement to the University and institutions who are entitled for reimbursement, that matter shall be expedited and the amount so required shall be released forthwith, without any further delay. The State Government, who has issued the Government order dated 1.10.2009, would also ensure the compliance thereof. In case it is brought to the notice of the Government that any University or institution is not following the directive issued under the aforesaid Government Order or the orders passed by this Court, the State Government shall take appropriate action to redress the grievances keeping in mind that the continuing studies of the students do not suffer.
Let the matter be listed for hearing in the week commencing 23.8.2010.
30.7.2010 Prajapati/-