Kerala High Court
Aparna Sathyan vs Union Of India on 7 September, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 31696 OF 2009 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 31696 OF 2009
PETITIONER/S:
APARNA SATHYAN
HOUSE NO.55/1117, VALANJAMBALAM,, CHITTOR ROAD,
ERNAKULAM, KERALA-682 016.
BY ADV SRI.V.K.SATHYANATHAN
RESPONDENT/S:
1 UNION OF INDIA
ITS SECRETARY, MINISTRY OF HUMAN RESOURCE,
DEVELOPMENT & DEPARTMENT OF SECONDARY & HIGHER,
EDUCATION, SHASTRI BHAVAN, NEW DELHI.
2 THE SECRETARY CENTRAL BOARD OF
SECONDARY EDUCATION, NEW DELHI.
BY ADVS.
SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31696 OF 2009 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.31696 of 2009
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Dated this the 7th day of September, 2021
JUDGMENT
The grievance of the petitioner is that even though the petitioner is entitled the benefits as per Annexure R2(a) scheme, the same is not extended to the petitioner. Annexure R2(a) is the CBSE Merit Scholarship Scheme. The objective of the CBSE Merit Scholarship Scheme is to provide financial assistance to the meritorious students, who have passed CBSE class XII examination for pursuing undergraduate level studies. According to the petitioner, she is the only girl child of her parents. Clause 3 (iv) of Annexure R2(a) says that 5% of the total number of scholarships shall be reserved for the girl students who are the only child in their family provided she has got at least 60% marks in the class XII examination. It is also stated that only single girl child in the family will be considered under the scheme and if there is any other issue, the scholarship under the scheme will not be considered.
WP(C) NO. 31696 OF 2009 3
2. The petitioner scored 87.4% marks in class XII examination. According to the petitioner, she had scored high marks, but she could not secure an admission in a regular College. Therefore, she decided to pursue her studies in Mahatma Gandhi University and registered in the University. For coaching, she joined the Tandem College for Professional and Management Studies.
3. Exts.P1 & P2 are the Secondary School examination marklists. Ext.P4 is the advertisement issued by the CBSE inviting applications from single girl child, who want to pursue undergraduate course (Non-medical/Non-engineering) in any Central/State Government Universities or those recognized by UGC. Ext.P4(a) is the advertisement came in the newspaper. The petitioner submitted an application in accordance with Exts.P4and P4(a). The same is returned by CBSE as per Ext.P4. One of the defect noted in Ext.P5 is that a certificate from concerned institution of the petitioner, where she is pursuing undergraduate course (Non-medical/Non-engineering) in any Central /State Government Universities or those recognized by UGC is to be submitted. The counsel for the petitioner submitted that Ext.P6 is the application. Along with Ext.P6, the WP(C) NO. 31696 OF 2009 4 petitioner produced a certificate stating that the details submitted by the petitioner is verified by the College authorities. Along with the application, the hall ticket and the certificates issued by Mahatma Gandhi University are also produced. Thereafter, the petitioner completed the Bacherlors Degree as evident by Ext.P13. It is the case of the petitioner that the respondent-CBSE has not considered the application of the petitioner properly. Hence, this writ petition is filed.
4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2nd respondent.
5. The learned counsel for the petitioner reiterated his contentions. The learned Standing Counsel submitted that the petitioner has not produced documents to show that she is pursuing her studies in an institute recognized as per Annexure- R2(a) scheme. The counsel submitted that if the petitioner produce the documents, the same will be considered. But, the counsel submitted that this writ petition was dismissed for default earlier and it was restored after a long period. The records were already destroyed as per the weeding out Rules. Therefore, the counsel submitted that, at this distance of time, the 2nd respondent is not in a position to do anything in this WP(C) NO. 31696 OF 2009 5 case.
6. Admittedly, the petitioner submitted application for the scholarship as per Annexure-R2(a) scheme. I perused clause 1 and clause 3(iii) of the Annexure-R2(a) scheme. It is better to extract clause 1 and clause 3 of Annexure-R2(a) scheme.
1. "Objective The objective of CBSE merit scholarship scheme is to provide financial assistance to the meritorious students who have passed CBSE's class XII Examination for pursuing undergraduates level studies in the Universities of Central/State Govt. / Universities recognized by UGC. The scheme is aimed to provide financial assistance to meritorious and needy students so that they can continue the studies in spite of lack of financial resources.
2. xxxx xxxx
3. Eligibility criteria The scholarship for under graduate studies will be given on the basis of merit list prepared, as stated in Para 2 above, from the result of CBSE Examination. The eligibility criteria shall be as under:
i) The state-wise merit list will be prepared on the basis of the students appeared in CBSE's Class XI Examination from a particular state. State of domicile of students, if different, will not be considered for the purpose.
ii) The scholarship shall be awarded to Indian National only. Iii) The student must be continuing his/her undergraduate, nonmedical non-engineering, education in recognized institutions as stated in para 1 above.
iv) 5% of the total number of scholarships shall be reserved for the girl students who are the only child in their family provided that she has got at least 60% marks in the class XII examination.
Provided further that only single girl child in the family wil the considered under the scheme and if there is any other issue, the scholarship under the scheme will not be considered.
v) Candidates who have passed CBSE's Class XII examination in 2005 and beyond shall only be considered.
vi) A Scholar under the scheme while availing scholarship can enjoy other concession(s) given by the institution in which he is WP(C) NO. 31696 OF 2009 6 studying/ other organization(s)."
7. A perusal of clause 3 (iii) will show that the eligibility criteria is that the students must be continuing his/her undergraduate, non-medical and non-engineering education in recognized institutions as stated in para 1 above. In clause 1, it is stated that the recognized institution means Universities of Central/State Govt. /Universities recognized by UGC. There is no mention about the institution, if we read clause 3(iii) r/w clause 1 of Annexure-R2(a). Admittedly, the petitioner pursued her studies in M.G.University. I think, the matter is to be re- considered by the 2nd respondent. It is true that there is a submission from the 2nd respondent that the records are already destroyed. The petitioner can produce a copy of the writ petition along with all the exhibits and copy of the statements produced in this writ petition, before the 2 nd respondent, so that the 2nd respondent can take a decision.
Therefore, this writ petition is disposed in the following manner :
1) Clause 11 of Ext.P5 is set aside.
2) The 2nd respondent is directed to re-consider the matter in the light of clause 1 and clause 3(iii) of WP(C) NO. 31696 OF 2009 7 Annexure-R2(a). The petitioner is free to produce the authenticated certificates showing the University in which, she pursued her course.
3) The above exercise should be completed by the 2 nd respondent as expeditiously as possible, at any rate, within 4 months from the date of receipt of a copy of this judgment.
4) The petitioner will produce a copy of the writ petition, along with the exhibits and also the copy of the statements filed in this case before the 2 nd respondent with the certified copy of this judgment, for compliance.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 31696 OF 2009 8 APPENDIX OF WP(C) 31696/2009 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MARKS STATEMENT OF SECONDARY SCHOOL EXAMINATION.
EXHIBIT P2 TRUE COPY OF MARK LIST - SENIOR SECONDARY EXAMINATION.
EXHIBIT P3 TRUE COPY OF THE CBSE LETTER
NO.CBSE/AFF/2005 DATED 15.10.2005.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION BY THE CBSE.
EXHIBIT P4(a) TRUE COPY OF THE PUBLIC NOTICE IN ALL
LEADING NEWS DAILITES.
EXHIBIT P5 TRUE COPY OF THE MEMORANDUM
NO.CBSE/SCHOLARSHIP/2006/0/4081-4103 DATED 01.09.2006.
EXHIBIT P6 TRUE COPY OF THE PETITIONER'S APPLICATION FOR SCHOLARSHIP DATED 15.09.2006.
EXHIBIT P7 TRUE COPY OF THE PETITIONER'S REPRESENTTION DATED 12.03.2007.
EXHIBIT P7(a) TRUE COPY OF THE PETITONER'S REPRESENTATION DATED 19.03.2008.
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 10.09.2008, BY PETITIONER'S FATHER.
EXHIBIT P9 TRUE COPY OF THE LEGAL NOTICE DATED 02.03.2009.
EXHIBIT P10 TRUE COPY OF THE CBSE LETTER NO.MISC/2009/P-36/LETTER-HEAD/1851 DATED 27.05.2009.
EXHIBIT P11 TRUE COPY OF THE LEGAL NOTICE DATED 01.07.1009.
EXHIBIT P12 TRUE COPY OF THE MARK SHEET OF FINAL YEAR WP(C) NO. 31696 OF 2009 9 B.COM.
EXHIBIT P13 TRUE COPY OF THE DEGREE CERTIFICATE. RESPONDENT'S EXHIBITS:
ANNEXURE-R2(A) TRUE COPY OF THE CBSE MERIT SCHOLARSHIP SCHEME ANNEXURE-R2(B) TRUE COPY OF THE NOTIFICATION ISSUED BY THE CBSE