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Synopsis

The Allahabad High Court recently allowed the writ petition moved by four students of the Ram Manohar Lohia National Law University, Lucknow against the refusal of the benefits of the U.P. Post Matric Scholarship (Dashmottar scholarship) scheme to them due to delay in correcting the defects in application forms. 

The bench of Justice Panjak Bhatia held that the petitioner had applied in the time prescribed and the only ground for denying the benefit was that the defects were not removed within time, which fact was never in the control of the petitioners as the same was to be done by the University. 

In view thereof, court opined that the petitioners were eligible as they had applied within the time prescribed and the petition deserved to be allowed. 

The counsel for the petitioners Adv.  Mohd. Kumail Haider apprised the court that under the scheme, financial benefits were to be accorded to the students of Schedule Castes, Schedule Tribes, Other Backward Classes, Minority and General categories as specified in the said Scheme. 

The petitioners forwarded their applications to the University for renewal of the scholarship in February 2021 as they were accorded benefits in the previous academic sessions, however, they were required to apply afresh for the subsequent year.

On 20th February 2021 the University again forwarded the hard copy of the petitioners' application after correcting the errors that were reflected on the online portal, however, no steps were taken by the District Scholarship Committee.

Thereafter, despite a reminder to the University and several complaints, nothing was done and the scholarship amount was not paid to the petitioners.  The last date for the District Minority Welfare Office to verify and approve the applications was 22nd March 2021.

On the other hand, the counsel for the University argued that as the University had forwarded the requisite applications to the District Minority Welfare Officer, which was reiterated in the communication dated 7th April 2021, it was Minority Welfare Officer, who had to pursue the grant.

However, the counsel for the state government contended that the documents after correction, were not forwarded within the time prescribed and as the scheme under which the benefits are to flow is year-specific and fund-specific, the writ petition could not be allowed as the financial year has come to an end.

Court noted that there was no dispute to the fact that the petitioners had applied within the time prescribed and it was the University that had to submit all the documents after rectification within time. 

Further, court rejected the contention raised by the state regarding the scheme being fund related and time related and observed that this ground for refusal of scheme benefit had already been repelled by the court in the judgment of the case of State of U.P. and others Vs. Swami Vivekanand Law College B.K.T. Lucknow. 

Accordingly, court allowed the instant petition and directed the District Minority Welfare Department of Lucknow to ensure that the benefits to all the petitioners under scheme are paid to them within a period of three months from the date of the order. 

Case Title: Yaqoob Alam And Others v. State Of U.P. Thru. Prin. Secy. Minority Welfare And Waqf And Others