M.Vairan, & Ors. vs The State of Tamil Nadu Represented by Secretary to Government, & Ors.

Both these writ petitions are filed challenging the common order passed by the second respondent dated 27.06.2016, wherein and whereby, the

applications filed by the petitioners seeking for scholarship and maintenance grant were returned to the petitioners college on the reason that those

applications were not filed/registered through on-line. Consequently, the petitioners seek for a direction to the respondents to accept the

applications for grant of scholarship and maintenance grant for the academic year 2015-2016.

Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents.

It is seen that these students seek for scholarship and maintenance grant. It is further seen that they were not in a position to file/register their on-

line applications for issuing such scholarship/ maintenance grant in time, since they were not in a position to obtain the required income certificates

at that point of time. It is stated by the petitioners that the income certificates from the respective Tahsildar could not be obtained at the relevant

point of time, since those officials were busily engaged in the Assembly Election work. However, after obtaining such certificates, when they sent

their applications along with such certificates the second respondent has chosen to pass the impugned order by returning the same as stated supra.

The learned counsel for the petitioner submitted that the fault is not on the side of the petitioners and on the other hand, it was only due to the

said bonafide reason, that they could not get the income certificates in time. Therefore, he submitted that when the applications were filed later with

those certificates, the second respondent ought to have considered the same.

On the other hand, the learned Special Government Pleader submitted that when the applications are to be made only through online, in the

absence any such filing/registration, the second respondent cannot be faulted in passing the impugned order. However, he fairly submitted that if the

petitioners can able to represent the applications along with necessary/relevant documents, the same would be considered and appropriate orders

will be passed.

Considering the fact that the petitioners were not in a position to make the on-line applications with relevant certificates due to the reason that

the revenue officials who have to issue the said certificates viz., Income Certificates, were busy in the Assembly Election, this Court is of the view

that the grant of scholarship, if otherwise is eligible, to the petitioners cannot be denied for belated submission of the applications. As it is stated

that the petitioners are now having the relevant certificates, this Court is of the view that the second respondent has to look into the matter afresh

by receiving the applications along with the relevant certificates.

Accordingly, these writ petitions are allowed and the impugned order is set aside. Consequently the matter is remitted back to the second

respondent for re-considering the whole issue afresh, after receiving the applications along with necessary/relevant documents from the respective

petitioners. The petitioners are directed to furnish the applications along with the relevant documents to the second respondent within a period of

two weeks from the date of receipt of a copy of this order. On receipt of such applications along with the relevant documents, the second

respondent will consider the same and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. No

costs. Consequently, connected miscellaneous petition is closed.