Kerala High Court
Unknown vs By Adv.Sri.P.C.Sasidharan on 2 July, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940
WP(C).No. 11638 of 2018
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PETITIONER
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T.THANKACHAN,
UTHRADAM, HOUSING BOARD,
DHANUVACHAPURAM, AMARAVILA P.O,
THIRUVANANTHAPURAM, KERALA.
BY ADV.SRI.P.C.SASIDHARAN
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
SCHEDULED CASTE/SCHEDULED TRIBE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR
SCHEDULED CASTE/SCHEDULED TRIBE DEPARTMENT,
THIRUVANANTHAPURAM-695001.
BY SPECIAL GOVERNMENT PLEADER SRI M.K.ROBEN RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V
WP(C).No. 11638 of 2018 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE INTIMATION OF ADMISSION IN THE
BUKOVINIAN STATE MEDICAL UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE GO(MS)NO.50/2009/SC/ST/DEPT.DATED 02.07.2009.
EXHIBIT P3 TRUE COPY OF APPLICATION DATED 28.12.2015.
EXHIBIT P4 A TRUE COPY OF THE INFORMATION DATED 20.01.2018
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED 25.10.2017
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 07.11.2017.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 16.11.2017
RESPONDENTS EXHIBITS:
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R1(A) TRUE COPY OF THE G.O(MS)NO.81/2017/SCSTDD DATED 4.10.2017
R2(A) TRUE COPY OF THE APPEAL FILED BEFORE THE STATE BOARD.
/TRUE COPY/
K..V. P.S.TO JUDGE
11.06.2018
SHAJI P. CHALY, J.
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W.P.(C) No.11638 of 2018
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Dated this the 7th day of June, 2018
JUDGMENT
This writ petition is filed by the petitioner seeking to quash Exts.P5, P6 and P7 orders passed by respondents 1 and 2 respectively, declining financial aid to the son of the petitioner to pursue his studies abroad. The prime contention advanced by learned counsel for the petitioner is that, as per the guidelines provided for the purpose of Scholarship/financial assistance, petitioner's son is entitled to pursue his studies abroad and the Government is at liberty to consider such applications and provide scholarship to such students. It is thereupon that petitioner seeks to quash Ext.P5 order and consequential Ext.P6 order passed by the 2nd respondent.
2. A detailed statement is filed for and on behalf of the 1st respondent, refuting the allegations and claims and demands raised by the petitioner. According to the 1st respondent, the application submitted by the petitioner's son was considered by the State Government in accordance with the guidelines provided for the purpose, and rejected the same on the ground that there are enough opportunities for medical W.P.(C) No.11638 of 2018 2 education within India, and therefore, there is no reason for granting scholarship for the petitioner's son to pursue his studies in Ukraine.
3. I have heard learned counsel for the petitioner and the learned Special Government Pleader and perused the documents on record and the pleadings put forth by the respective parties.
4. The sole question to be considered is, whether any manner of interference is warranted to Ext.P5 order passed by the 1st respondent dated 25.10.2017. The sole reason assigned in Ext.P5 is that, since there are enough and more opportunities for the petitioner's son to pursue medical course in India, the Government is unable to provide scholarship to him to pursue his studies abroad. I have gone through the guidelines provided by the petitioner, evident from Ext.P2, and it is explicit that the Government is vested with powers to provide financial aid to members of the Scheduled Caste and Scheduled Tribe community to pursue their studies abroad. Admittedly, petitioner's son is pursuing his studies in Ukraine. While declining the relief sought for by the petitioner's son, no reasons are assigned in Ext.P5 order. Merely because W.P.(C) No.11638 of 2018 3 opportunities for medical education are available in India, that will not stand in the way of the Government providing scholarship to petitioner's son, since he is already pursuing his studies in Ukraine.
5. Therefore, in my considered opinion, Ext.P5 order passed by the State Government has not assigned with any proper reason for declining the request made by the petitioner's son, in accordance with Ext.P2 guidelines issued by the State Government for the purpose. That being the situation, I quash Ext.P5 order, the same being arbitrary and illegal, and there will be a direction to the 1 st respondent to re- consider the application submitted by the petitioner's son in accordance with Ext.P2 guidelines and in accordance with law, and attain finality at the earliest possible time, and at any rate, within three months from the date of receipt of a copy of this judgment, after providing an opportunity of participation to the petitioner.
The writ petition is allowed to the above extent.
Sd/-
SHAJI P. CHALY JUDGE St/-
07.06.2018