High CourtsSingle Bench(2020) 07 RAJ CK 0239

Rajasthan Public Girls Senior Secondary School, Jhunjhunu vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 6 July 2020

HON’BLE JUDGES
Sanjeev Prakash Sharma, J
RESULT
Partly Allowed
CASE NUMBER
Civil Writ Petition No. 9880 Of 2019, 6635 Of 2020

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Judgment

38 paragraphs · 767 words
1.

These writ petitions raised similar question to be decided and have made identical prayers and hence they are being decided together.

2.

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.

3.

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.

4.

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.

5.

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.

6.

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.

7.

I have considered the submissions as above and perused the material available on record.

8.

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.

9.

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.

10.

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.

11.

With the aforesaid observations and directions, these writ petitions are partly allowed.

12.

All the pending applications also stand disposed of.