Jiutbandhan Kumar Gond, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.804 of 2019 In Civil Writ Jurisdiction Case No.97 of 2019 ====================================================== Jiutbandhan Kumar Gond, S/o Shree Bhagwan Prasad, Resident of MohallaWard No. 4, Itarhi, P.S. Itarhi, District- Buxar. ... ... Appellant/s

Versus

1.

The State of Bihar through its Principal Secretary, Social and Welfare Department, Bihar at Patna.

2.

The Secretary, the Scheduled Caste and Scheduled Tribe Welfare Department, Bihar Patna.

3.

The Director, Social and Welfare Department, Bihar at Patna. 4.

The Collector, District of Buxat at Buxar.

5.

The Vice Chancellor, Maulana Abul Kalam Azad University of Technology, West Bengal.

6.

The Principle, JIS College of Engineering Block- A Phase III Kalyasai Nadia West Bengal.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arun Kumar Gupta For the Respondent/s :

Mr.Gyan Prakash Ojha (Ga7) Mr. Gopal Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 10-03-2022 Heard Mr. Arun Kumar Gupta, learned Advocate for the appellant and Mr. Gopal Krishna for the State. The judgment and order dated 15.05.2019, passed in CWJC No.97 of 2019 is under challenge. The appellant had approached this Court for a direction to the respondents to provide Post-Matric Scholarship to the appellant for being paid to the

Patna High Court L.P.A No.804 of 2019(3) dt.10-03-2022 2/3 college, namely, JIS College of Engineering in the State of West Bengal where the appellant had taken admission.

It appears that the appellant hails from Scheduled Caste community and a decision had been taken by the State Government to provide scholarship to even such students who take admission in Institutions outside the State of Bihar and even private institutions. However, the ceiling limit of the scholarship is Rs.15,000/-.

The entire amount of scholarship appears to have been paid to the appellant.

However, the appellant has claimed that the entire fee of the professional course which was being undertaken by him be met by the State authorities as the scholarship was granted for the purposes of prosecuting studies for a vocational course in an educational institution.

The resolution of the government regarding

Patna High Court L.P.A No.804 of 2019(3) dt.10-03-2022 3/3 scholarship is absolutely clear that the outer limit shall be Rs.15,000/- per session.

There is no dispute about the aforesaid scholarship having been paid in the account of the appellant. The appellant ought to know that scholarship does not invariably cover the entire fee of the course. It is only in the nature of an assistance to a student. The learned Single Judge has rightly held that no further direction need be given to the respondents to pay the college fee of the appellant.

All that the appellant was entitled to was the amount of scholarship for every academic session which has already been paid to him.

There is no merit in this appeal.

The appeal is dismissed but without costs.

(Ashutosh Kumar, J.) (Anjani Kumar Sharan, J.) Sanjay/- U