K.Lakshmanan v. The Ministry Of Social Justice
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.30310 of 2019 1.
K.Lakshmanan A.Dhineshkumar 3.
M.Marichamy ... Petitioners vs.
1.
The Ministry of Social Justice and Empowerment, represented by its Secretary, Room No.202, 2nd Floor, C-Wing, Sasthri Bhavan, New Delhi - 110 001.
University Grants Commission, rep. by its Secretary, (Ministry of Human Resource Development, Government of India), Bahadurshah Zafar Marg, New Delhi - 110 002.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, to call for the proceedings of the 1st Respondent's new Regulations governing the Award of Fellowship in terms of Central Sector Scheme "National Fellowship" for providing Fellowship to Schedule Caste,Schedule Tribe Students to pursue M.Phil. and Ph.D. with effect from 01.04.2018 of the first Respondent vide Notification dated 01.04.2018 bearing File No.11022/02/2017-SCD-V and the consequential Notification issued by the Nodal Agency, the 2nd Respondent in implementing the aforesaid regulation of the first respondent in terms of the Notification dated 17.09.2019 bearing File No.82-1/2018(SA-III) insofar as it relates to prescribing eligibility for grant of Fellowship by NET selection process and quash the same and thereon direct the 1st Respondent to select the students for fellowship under the old stream of advertising the Fellowship Scheme in the online portal, granting the Petitioners the benefits of the aforesaid Fellowship Scheme.
For Petitioners :
Mr.K.Venkateswaran For 1st Respondent :
Mr.A.Murugan For 2nd Respondent :
Ms.Sudha Rani, Standing Counsel
O R D E R
Petitioners, who are pursuing Ph.D. Course in the respective subjects, have come up with the present Writ Petition challenging the Notification dated 01.04.2018 issued by the 1st Respondent and the consequential Notification issued by the 2nd Respondent in implementing the Regulation of the 1st Respondent in terms of the Notification dated 17.09.2019, insofar as it relates to prescribing eligibility for grant of Fellowship by NET selection process and for a consequential direction to the 1st Respondent to select the students for fellowship under the old stream of advertising the Fellowship Scheme in the online portal, thereby granting the the benefits of the aforesaid Fellowship Scheme.
Learned counsel for the Petitioners contended that, the 2nd Respondent herein, being the Nodal Agency of the 1st Respondent in terms of the aforesaid New Scheme, had resorted to pass a Notification dated 17.09.2019, imposing Eligibility Test only to Scheduled Caste/Scheduled Tribe Community students and the same amounts to apparent discrimination and it is unsustainable in law. However, learned counsel for the Petitioners fairly submitted that, without interfering with the Notifications impugned in this Writ Petition, this Court may permit the Petitioners to make a representation to the 1st Respondent for introduction of a new Scheme for providing Fellowship to Scheduled Caste and Scheduled Tribe students and the same may be directed to be considered within a stipulated time.
3.
Learned counsel appearing for the 1st Respondent submitted that, if any such representation is made by the Petitioners to the 1st Respondent, the same will be considered as per the Regulations of the 1st Respondent.
4.
As the relief sought in this Writ Petition is limited to the extent expressed by the learned counsel for the Petitioners, without going into the merits of the case and without interfering with the Notifications impugned in this Writ Petition, this Court directs the Petitioners to make a representation to the 1st Respondent for introduction of a new Scheme for providing Fellowship to Scheduled Caste/Scheduled Tribe students within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the 1st Respondent shall pass appropriate orders in accordance with law after affording an opportunity of hearing to the parties, as expeditiously as possible.
The Writ Petition is disposed of accordingly. No costs. Consequently, connected W.M.P.Nos.30303 to 30306 of 2019 are closed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar (aeb) To:
1.
The Secretary, Ministry of Social Justice and Empowerment, Room No.202, 2nd Floor, C-Wing, Sasthri Bhavan, New Delhi - 110 001.
The Secretary, University Grants Commission, (Ministry of Human Resource Development, Government of India), Bahadurshah Zafar Marg, New Delhi - 110 002.
+1 cc to Mr.A.Murugan, Advocate Sr.NO. 68961 W.P.No.30310 of 2019 RLD(CO) A.SK(19.01.2022)