Disposed

Neelam Singh and 6 Others v. State of U.P. and Another

Allahabad HC8 Jul 2021WRIC/8571/2021

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What is this about?

This court disposed of a writ petition seeking extension of the last date for SC category students to apply for scholarships due to the Covid-19 pandemic. The court remitted the matter to the Principal Secretary, Social Welfare Department, in Lucknow, to decide the representation within four weeks.

What did the court decide?

A writ in the nature of mandamus issued directing the respondent to decide the representation for additional time for scholarship applications within four weeks.

Neelam Singh and 6 Others Vs State of U.P. and… — Education and Admissions | Allahabad HC (2021)

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Court No. - 32

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Case :- WRIT - C No. - 8571 of 2021

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Petitioner :- Neelam Singh And 6 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rohit Pandey,Shambhavi Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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Ms. Shambhavi Tiwari, learned counsel for the petitioners submits that the petitioners are students who belong to the SC category. They are entitled for scholarship under the U.P. Post Metric Scholarship and Fee Reimbursement Rules, 2012. The petitioners could not submit their applications for grant of scholarships before the last date which was prescribed i.e. 10.01.2021, because of Covid-19 pandemic and due to server problems. The petitioners contend that they may be permitted to apply for scholarship for which they are entitled.

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Learned Standing Counsel submits that the case of the petitioners requires adjudication of facts and also a policy decision in the nature of extension of the last date for submission of application forms. This aspect has to be determined in the first instance by the competent authority. He however submits that the authorities are under obligation of law to decide the said representation.

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In view of the above, no useful purpose will be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.

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The matter is remitted to respondent No. 1/ Principal Secretary, Social Welfare Department, Government of U.P. Lucknow.

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A writ in the nature of mandamus is issued commanding the respondent No. 1/ Principal Secretary, Social Welfare Department, Government of U.P. Lucknow to execute the

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following directions:

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(1) The respondent No. 1/ Principal Secretary, Social Welfare Department, Government of U.P. Lucknow shall decide the representations of the petitioners for grant of additional time/ extension of last date for the submission of applications for scholarship within a period of four weeks from the receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing and fresh copy of representation.

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(2) It is clarified that this Court has not gone into the merits of the case. The merits of the case shall be examined by the competent authority, in the first instance with independent application of mind, in accordance with law.

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With the aforesaid directions, the writ petition is disposed of.

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Order Date :- 8.7.2021 Nadeem Ahmad

Neelam Singh and 6 Others v. State of U.P. and Another

Case brief

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Neelam Singh and 6 Others v. State of U.P. and Another

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