Payal D/O Shri Subash Chand Vs Union of India and Ors.

“(i). Comply with the mandate of PMS- scheme meant for the benefit of students like present petitioner, with the direction to release the scholarship amount in the account details of the petitioner mentioned in the application filled for grant of scholarship (ii). Take all such necessary actions to expedite and conclude the remittance of scholarship amount to the petitioner as also directed by this Hon’ble Court in CWP No.288 of 2019 in the interest of justice and fair play.”

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Though in the writ petitions, claims have been made for scholarship statedly due to the petitioners for the years 2017-18, 2018-19, as also 2019-20 under the Post Matric Scholarship Scheme for the candidates belonging to Scheduled Caste category, learned counsel for the petitioner submits that during pendency of this writ petition, the respondents have released admissible scholarship to the petitioners for the year 2017-18; That in these writ petitions claim is now restricted only to the scholarship for the academic years 2018-19 and 2019-20. It was further submitted that the petitioners have already supplied the requisite documents to the respondents for the year 2019-20 and their case is pending consideration before Competent Authority for release of scholarship for the year 2019-20. Prayer was made to reserve liberty to the petitioners to seek scholarship for the year 2019-20 in accordance with law at an appropriate stage in case necessity so arises.

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2026:HHC:28504-DB 2. Accordingly, this matter has been heard at

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this stage only for the scholarship claim of the petitioners for the year 2018-19. Though respondents in their reply have not disputed eligibility of the petitioners to the scholarship for the year 2018-19, the ground taken, however, is that on account of petitioners having not uploaded result of the previous class within the prescribed timeline, the scholarship for the year in question was not released to them. Learned counsel for the petitioner invites attention to the order dated 08.03.2022 passed in Miss Yukita Devi versus Union

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of India and others² wherein the similar defence of the respondents for not releasing the scholarship was not accepted. The said writ petition was disposed of under the lead case Miss Jasveer Kaur versus Union of India and others³ with following operative directions:-

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Precisely, the grouse of the petitioners, as has been highlighted in the petitions and further canvassed by Mr. Shakti Bhardwaj, learned counsel for the petitioners is that despite repeated requests, respondents are not taking adequate steps for grant/release of Post Matric Scholarships to the petitioners, who belong to SC/ST/OBC categories in terms of scheme formulated by the Ministry of Social Justice and Empowerment (Department of Social Justice and Empowerment), Government of India.

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Documents adduced on record clearly reveal that scholarship, as prayed for, by the petitioners

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2CWP No.5243/2021, decided on 28.10.2024.

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3CWP No.7944/2021, decided on 28.10.2024 alongwith connected matters.

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2026:HHC:28504-DB

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could not be granted/released on account of unavailability of funds, however reply filed by the respondent-Union of India clearly reveals that amount has been released by the Government of India to the State of Himachal Pradesh, enabling it to release the same in favour of the eligible students under Post Matric Scholarships scheme.

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During proceedings of the case, learned Additional Advocate General made available copy of instructions dated 21.9.2024, imparted by the Director Higher Education, perusal whereof reveals that neither petitioners nor their representatives visited the office of respondent No.3 enabling him to resolve the dispute in terms of order dated 8.7.2024, whereby this Court having taken note of the fact that amount stands released by the Government of India, specifically directed the petitioners to visit the office of respondent No.3 to resolve the dispute. Though factum with regard to eligibility of the petitioners for receipt of scholarship in question is not in dispute, rather stands duly admitted, but probably amount is not being released by the State Government for want of documents. It also emerges from the pleadings adduced on record by the respondent State that bank accounts of the petitioners are also required to be validated.

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Learned counsel for the petitioners, while fairly admitting default committed by the petitioners in as much as they failed to visit the office of respondent No.3 submits that petitioners shall make themselves present in the office of respondent No.3 within two weeks, enabling said authority to consider their prayer for grant of scholarship under the Post Matric Scholarships scheme. Learned Additional Advocate General states that as and when petitioners approach respondent No.3, their prayer for release of scholarship under the afore scheme, shall be considered and amount due, if any, shall be released, subject to their furnishing requisite documents.

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Consequently, in view of the fair stand adopted by the learned Additional Advocate General, nothing remains to be adjudicated in the

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5

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2026:HHC:28504-DB instant petitions and accordingly, same are disposed of with direction to the respondents to consider and decide the prayer of the petitioners for release of scholarship under Post Matric Scholarships scheme, expeditiously, preferably, within two days of their visit to the office, but subject to production of relevant documents. Liberty is also reserved to the petitioners to file appropriate proceedings before appropriate court of law, if they still remain aggrieved. Pending applications, if any, also stand disposed of.”

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Learned counsel for the petitioner states that it was on account of fault of respondent No.4- Institute that requisite documents were not uploaded within the prescribed timeline. Thereafter, on account of several reasons including the spread of Covid-19 pandemic, needful could not be done. Learned counsel submits that petitioners have already supplied the requisite documents to the respondents for releasing of scholarship for the year 2019-20 in physical mode.

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3. In view of above, both these writ petitions are disposed of with directions to the respondents to consider the cases of the petitioners for release of Post Matric Scholarship (to Students belonging to Schedule Caste Category) in accordance with law within four weeks from today subject to verifying the requisite documents statedly submitted by the petitioner(s). Any codal formalities that are still required to be completed, be also completed by the aforesaid period. Orders so passed be

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2026:HHC:28504-DB also communicated to the petitioners. Pending

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miscellaneous application(s), if any, shall also stand disposed of.

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Jyotsna Rewal Dua July 14, 2026 Judge yogesh

Payal D/O Shri Subash Chand v. Union of India and Ors.

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Payal D/O Shri Subash Chand v. Union of India and Ors.

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