Neha G Prakash v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Neha G Prakash ... Petitioner Vs.
1.The Secretary, (Higher Education - Deemed Universities Related issues), Ministry of Human Resource Development Department of Higher Education, 107-C, Shastri Bhawan, Rajendra Prasad Road, New Delhi - 110 001.
2.The Chairperson, (Student's Grievance Redressal Cell), Head Office (New Delhi), University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.
3.The Registrar, SRM Institute of Science and Technology, SRM University, SRM Nagar, Kattankulathur - 603 203.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 herein to take appropriate action against the third respondent University for Page No.1 of 6
the non-payment of stipend scholarships or financial aid to the petitioner under the declared admission policy prescribed in Ph.D. Regulations of SRM University and also to direct the third respondent-University to pay stipend a sum of Rs.1,75,000/- (7 months stipend for the period from the date of admission to the date of resignation) as assured with monetary compensation for their default caused loss of petitioner's social standing academic years, career opportunities, mental and physical agony based on the petitioner's representation dated 29.11.2022. For Petitioner : Mr.C.Rajaguru For Respondents : Mr.K.Subba Reddy Bharath Central Government Counsel [R1] Mr.B.Rabu Mahonar Senior Central Government Counsel [R2] *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents 1 and 2 herein to take appropriate action against the third respondent University for the non-payment of stipend scholarships or financial aid to the petitioner under the declared admission policy prescribed in Ph.D. Regulations of SRM University and also to direct the third respondent-University to pay stipend a sum of Rs.1,75,000/- (7 months stipend for the period from the date of admission to the date of Page No.2 of 6
resignation) as assured with monetary compensation for their default caused loss of petitioner's social standing academic years, career opportunities, mental and physical agony based on the petitioner's representation dated 29.11.2022.
2. Mr.K.Subba Reddy Bharath, learned Central Government Counsel takes notice for the first respondent and Mr.B.Rabu Manohar, learned Senior Central Government Counsel takes notice for the second respondent. In view of the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that, he has been pursuing his Ph.D. in Physics full-time research scholar with the third respondent-University since 31.12.2020. As per notification of SRMIST, it is clearly mentioned that all full-time Ph.D., scholars who are provisionally registered for the academic year 2021 will be paid stipend a sum of Rs.25,000/- per month for a maximum period of three years. However, he claims that the third respondent-University had not paid the stipend, scholarships and financial aid to the petitioner, thereby, the petitioner made a representation before the Page No.3 of 6
respondents 1 and 2 on 29.11.2022. Since the same was not considered, the petitioner has filed the above writ petition before this Court for appropriate directions.
4. Though very many grounds have been raised in this writ petition, the learned counsel for the petitioner submits that, it would suffice, if this Court, issues a direction to the respondents 1 and 2 to direct the third respondent to pay the stipend to the petitioner, within a time frame that may be stipulated by this Court.
5. The learned Central Government Counsel appearing for the first respondent submits that, the petitioner's representation dated 29.11.2022 will be considered and appropriate orders will be passed on merits and in accordance with law, as expeditiously as possible.
6. In view of the aforesaid submissions, this Court, without going into the merits of the case, directs the respondents 1 and 2 to consider the petitioner's representation dated 29.11.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.
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7. With the above direction, the Writ Petition is disposed of. No costs.
23.06.2023 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Secretary, (Higher Education - Deemed Universities Related issues), Ministry of Human Resource Development Department of Higher Education, 107-C, Shastri Bhawan, Rajendra Prasad Road, New Delhi - 110 001.
2.The Chairperson, (Student's Grievance Redressal Cell), Head Office (New Delhi), University Grants Commission, Bahadur Shah Zafar Marg, New Delhi - 110 002.
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M.DHANDAPANI, J.
sp 23.06.2023 Page No.6 of 6