KUMARI PUSHPA vs STATE OF UTTARAKHAND

2026:UHC:1018


HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 3563 of 2024

17 March, 2026
Kumari Pushpa --Petitioner
Versus


State Of Uttarakhand and Ors. --Respondents
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:-
Presence

Mr. Deep Prakash Bhatt, learned counsel for petitioner.
Mr. N.S. Pundir, learned D.A.G. for the State of
Uttarakhand/respondents.

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Hon'ble Pankaj Purohit, J.
This writ petition has been filed by the
petitioner seeking a writ of mandamus directing the
respondents to accept the application form and to
facilitate the grant of Rs.51,000/- to the petitioner under
‘Nanda Gaura Scheme’ of Women Empowerment and
Child Development Department.
2. Admittedly, as per Nanda Gaura Scheme, if a
girl passes intermediate examination, she is entitled to
get a sum of Rs.51,000/- as per G.O. dated 07.08.2023
(Annexure No.6 to the writ petition). The petitioner
passed intermediate examination from Govind Ballabh
Pant Intermediate College, Chakarnpur, Khatima (a Non-
Government Aided Institution) and applied for grant of
Rs.51,000/- under Nanda Gaura Scheme. The said
application of the petitioner was not considered by the
respondents, rather it was returned to her on the ground
that the petitioner had not annexed the certificate of
registration under the Right to Education (RTE) Act.
Feeling aggrieved, petitioner has filed present writ
petition before this Court.
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3. A counter affidavit has been filed by the State
wherein the ground for return of application has been
mentioned, as stated above, by the competent authority
while returning the said application i.e. the petitioner
was not registered with RTE.
4. It is argued by learned Counsel for the
petitioner that Clause 3(kha)(5) was amended by the
State subsequently vide Government Order dated
10.01.2024, wherein the certificate of RTE is required to
be filed, only for the students who are studying in the
private schools and it is wrongly required from the
petitioner by the competent authority. Petitioner
undisputedly passed her intermediate from a Non-
Government aided Institution.
5. Learned counsel for petitioner has submitted
that in the counter affidavit, government order dated
10.01.2024 has been annexed as Annexure No.3,
whereby, earlier Clause 3 (Kha)(5) of G.O. dated
07.08.2023 has been amended and the amended Clause
is as under:-
“ ik= ckfydkvksa dks fuEufyf[kr cksMZ@fo|ky;ksa ls d{kk 12oha mRrh.kZ gksus ds
lkFk&lkFk jktdh; ekU;rk izkIr f”k{k.k laLFkku ls Lukrd vFkok jktdh; ekU;rk
izkIr f”k{k.k laLFkku ls de ls de 1 o’khZ; fMIyksek dkslZ esa izos”k ysuk vko”;d
gksxk%&
1- Ckfydk us ”kkldh; fo|ky; vFkok ”kkldh; lgk;rk izkIr v”kkldh; fo|ky;

vFkok mRrjk[k.M fo|ky;h f”k{kk ifj’kn jkeuxj ls lac) for fofgu futh
fo|ky; ls laLFkkxr@O;fDrxr :i ls 12oha mRrh.kZ dh gksA blesa “kkldh;
fo|ky;ksa ls rkRi;Z&mRrjk[k.M jkT; cksMZ@dsanzh; fo|ky;@lh0ch0,l0lh0
cksMZ@vkbZ0lh0,l0lh0 cksMZ@jk’Vªh; eqDr fo”ofo|ky; laLFkku] ubZ fnYyh
cksMZ] vU; jkT;ksa ds cksMZ ds “kkldh; fo|ky;ksa ls gSA
(NIOS),
2- futh fo|ky;ksa dh (ICSE/CBSE) dh ,slh 12oha mRrh.kZ ik= ckfydk;sa Hkh
vkosnu gsrq vgZ gksaxh] ftudks ml futh fo|ky; esa d{kk 8 rd ds fy;s
vkj0Vh0bZ0 ds varxZr izos”k fn;k x;k gSA bl laca/k esa lacaf/kr
(R.T.E)
fo|ky; ds iz/kkukpk;Z }kjk tkjh izek.k&i= izLrqr fd;k tk;sxkA
mDr izkfo/kku ds lk{; ds :i esa ckfydkvksa dks 12oha mRrh.kZ dh
vadrkfydk@lfVZfQdsV ds lkFk&lkFk Lukrd@fMIyksek esa izos”k djus ds lk{;
ds :i esa lacaf/kr laLFkku }kjk tkjh izek.k i= vkosnu ds lkFk izLrqr djuk
vfuok;Z gksxkA ”
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2026:UHC:1018

6. Petitioner has submitted her application form
on 10.01.2024 and the advertisement was issued on
10.01.2024, therefore, the amended provisions will be
attracted in case of the petitioner. As per the amended
provisions, the requirement of R.T.E. certificate has been
done away with by the amendment so far the petitioner is
concerned, who passed intermediate from Non-
Government aided Institution, therefore, no such
certificate is required.
7. The petitioner has also taken admission and is
pursuing her graduation course after completing her
intermediate in Khatima Degree College, U.S. Nagar.
Thus, action of the respondents in returning the
petitioner’s application form is quite illegal and cannot
sustain.
8. Learned State Counsel has also gone through
the said amended provision of the Government Order
dated 10.01.2024 (Annexure No.3 of the counter affidavit)
and he also feels that the requirement is only for the
students who have passed out from private schools.
9. Thus, the said requirement is wrongly asked
for by the competent authority from the petitioner and
her application form was wrongly returned.
10. Having heard learned Counsel for the parties
and having perused the G.O. dated 07.08.2023 and as
well as the amended G.O. dated 10.01.2024, there is no
doubt in the mind of this Court that the application form
of the petitioner was wrongly rejected by the respondents
asking her to produce the certificate under the R.T.E.
The requirement of RTE certificate is only for the
students who pass intermediate examination from private
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2026:UHC:1018
schools, as is reflected from amended Clause 3(kha)(5)
which is quoted in Para 5 of the judgment and order.
11. Accordingly, the writ petition is allowed. The
petitioner is directed to submit her application form
again for grant of Rs.51,000/- under the Nanda Gaura
Scheme of the respondent-Department within 15 days
from today. If such an application is moved by the
petitioner to the competent authority within 15 days, the
same shall be considered strictly in accordance with law
in light of G.O. dated 10.01.2024.
12. No order as to costs.



( Pankaj Purohit, J .)
17.03.2026
PN



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