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Judgment
These writ petitions raised similar question to be decided and have made identical prayers and hence they are being decided together.
Learned counsel appearing for the petitioner submits that the students in the present session have not been provided and even in the last three
earlier sessions, students were not provided, who were selected in the Special Pre-Matric Scholarship Scheme. It is submitted that the process of
allotment of students to the institutions is on option basis, however, as the name of the present petitioner institution is not entered, students would not
opt for the petitioner institution at all.
Learned counsel submits that while in 2016, there were deficiencies, it had removed those deficiencies in the year 2017 and since then the
respondents have been assuring the institution to be included in the list of institutions wherein these Special Pre- Matric Scholarship Scheme could be
applied. Learned counsel also submits that the petitioner has therefore again approached this Court with a prayer to direct the respondents to include
the petitioner institution in the list of selected schools for the session 2020-21 for allotment of students in Class-VI under Special Pre- Matric
Scholarship Scheme.
Reply has been filed, which has been taken on record today. However, learned counsel appearing for the petitioner has pressed these petitions on
the ground that the last date for submitting option for institutions is 7th July, 2020 and as writ petitions would be rendered infructuous, if the same are
not heard today.
This Court has perused the reply filed by the State. It is stated that an advertisement was issued on 22 nd June, 2020 inviting applications for grant
of Special Pre-Matric Scholarship Scheme from the students for the year 2020-21 for Class-VI. It appears that the procedure and process were
mentioned in the advertisement and the last date of submission of the applications from the students is 7th July, 2020. Under the advertisement, the list
of schools for which option can be given, has also been mentioned and there are 59 schools, which have been included under the advertisement. The
name of the petitioner institution has not been included in the said list. If now the petitioner's name is directed to be included, the entire advertisement
process and time schedule will have to be re-scheduled as the students would not be able to know about the name of the petitioner institution, who
have already applied as most of the students may have applied before the last date.
Learned Additional Advocate General submits that after due inspection and the examination, the petitioner institution has been found fit for
consideration for the purpose of granting of Special Pre-Matric Scholarship Scheme, but since the name of the institution is not being included in the
advertisement, it would not be possible to include the petitioner institution for the present session 2020-21. However, expecting the petitioner institution
to maintain the same standard, it would be provided students from the next year.
I have considered the submissions as above and perused the material available on record.
This Court finds that the petitioner institution had come up to the standard and had removed the deficiencies, but the name of the institution was not
included in the advertisement. No reasons have come forward on the part of the respondents for not considering the candidature of the petitioner
institution and there appears to have been a slackless on the part of the authorities.
Be that as it may, keeping in view that the advertisement is a short-term advertisement issued on 22nd June, 2020 laying down a schedule for
allotment of the students and the last date fixed is 7th July, 2020 for submission of the applications, this Court finds itself unable to grant relief to the
petitioner for this year as most of the students would not be having information about the petitioner institution and may have already applied elsewhere.
If re-scheduling is directed, it would invite administrative chaos.
However, taking into consideration that the petitioner institution is otherwise suitable and has been found to have their necessary norms for the
grant of Special Pre-Matric Scholarship Scheme since last 3 years i.e. from 2017, the action of exclusion of the petitioner institution by the
respondents is held to be unjustified and it is directed that the petitioner institution shall be considered and included in the list for grant of Special Pre-
Matric Scholarship Scheme for the session 2021-22 onwards.
With the aforesaid observations and directions, these writ petitions are partly allowed.
All the pending applications also stand disposed of.
