Surender Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11648 of 2017 ====================================================== Surender Chaudhary Son of Sri Narain Chaudhary, Resident of MohallaBada Telpa, P.S.- Chapra Nagar, District- Saran. ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The Director, Primary Education Department, Government of Bihar, Patna.

3. Regional Deputy Director, Education Department, Saran, Chapra.

4. Block Education Officer BEO, Chapra.

5. The District Magistrate, Chapra.

6. The District Education Officer, Chapra.

7. The District Programme Officer, Chapra.

8. Sri Bimlendu Shekhar, presently posted as Head Master of Lok Manya Madhya Vidyalaya, Chapra.

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

For the Petitioner/s :

Mr.Rajesh Kumar Sharma For the Respondent/s :

Mr.S.C. Mishra - Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2019 The learned counsel for the Respondents has brought a cheque of Rs. 1800/- bearing No. 865682 dated 01.02.2019, which is handed over to the learned counsel for the petitioner in lieu of payment of SC/ST Scholarship amount for the period 2013-14.

The learned counsel for the Respondents submits that the Government is having a policy of not paying the said scholarship amount to such candidates who do not possess minimum 75 % attendance, however, it appears that the same has been relaxed by the Backward Class and Extremely Backward Classes, Welfare Department, Government of Bihar,

Patna High Court CWJC No.11648 of 2017(3) dt.06-02-2019 2/2 Patna, but concurrence is yet to be given by the Education Department, hence, problem is being faced in disbursing such scholarship amount in cases where the attendance is less than 75%. It is submitted by the learned counsel for the Respondents that the aforesaid payment of a sum of Rs. 1800/-, in the present case, be not treated to be a precedent.

Having regard to the submissions made by the learned counsel for the parties, the present writ petition is disposed of as having become infructuous, however, with an observation that the aforesaid payment of Rs. 1800/- shall not be treated to be a precedent in future cases. Nonetheless, the Education Department, Government of Bihar is directed to sort out the matter, in consultation with the Backward Class and Extremely Backward Classes, Welfare Department, Government of Bihar and take a final decision in the matter.

(Mohit Kumar Shah, J) ajay gupta/- U