Sonali Kumari v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16972 of 2016 ====================================================== Sonali Kumari D/o Shri Hari Shankar Vishwakarma At- Rly Qtr. No. 186 A, Post- Jhajha, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

1.

The Union Of India 2.

The State of Bihar through the Principal Secretary, Education Department Higher Education, Govt. of Bihar, Patna 3.

The District Magistrate, Jamui.

4.

The Secretary, Bihar School Examination Board, Budh Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma, Advocate For the State :

Mr.Hitesh Suman, AC to SC 13 For BSEB :

Mr. Lalit Kishore, Sr. Advocate Mrs. Binita Singh,Advocate For Resp. No. 1 :

Mr. S.D.Sanjay, ASG Mr. Alok Kumar Jha, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-04-2019 The Union of India has introduced an "Inspire Scholarship Scheme". The petitioner filed application for 'Inspire Scholarship' and she was selected for such scholarship. The formality required for grant of benefit under the scheme as per the respondents was not completed within time and as such the petitioner's claim was refused. Technicality is thus coming in the way of providing such benefit to the petitioner as scholarship was otherwise admissible to the petitioner. The Court has to strike a balance between the interest of the candidate eligible for inspire scholarship and the interest of the

Patna High Court CWJC No.16972 of 2016(2) dt.19-04-2019 2/2 Union of India to scrutinize the candidature and grant such benefit within the time frame for such action. Learned counsel appearing on behalf of the Union of India does not dispute the fact that the petitioner is otherwise eligible for grant of such benefit but for the reasons that there was some delay in furnishing the details, the petitioner has been deprived of the incentive in the nature of 'inspire scholarship'. Considering the aforesaid, the writ petition is disposed of with a direction to the Union of India, Ministry of Science and Technology to re-consider the case of the petitioner as an exceptional case and if the petitioner is otherwise eligible for grant of such benefit relax the delay in completing the formality, take fresh decision in this regard within a maximum period of 30 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U