Facts
The petitioners, Scheduled Caste students, qualified in the Diploma in Animal Husbandry and Dairy Technology entrance examination conducted by the Professional Examination Board and were allotted seats through online counselling conducted by respondent No. 6-University in respondent No. 8’s private institution.
Source reference: paras. 2–3After admission, the petitioners attempted to submit online applications for post-matric scholarships through the MPTAAS portal, but the portal did not permit submission on the ground that the institution’s fees had not been fixed by the AFRC.
Source reference: para. 4The petitioners submitted a representation to the Assistant Commissioner, Tribal Welfare, Gwalior, but received no effective relief.
Source reference: para. 5They therefore invoked Article 226 of the Constitution seeking directions to open the MPTAAS portal and permit submission of their scholarship applications for the academic sessions 2023–24 and 2024–25, along with reimbursement of scholarship fees.
Source reference: para. 1Issues
Whether the respondents could prevent the petitioners from submitting their post-matric scholarship applications merely because the AFRC had not fixed the fees of respondent No. 8’s institution.
Source reference: paras. 4, 7–10Whether the respondents should be directed to open the MPTAAS portal to enable the petitioners to submit their scholarship applications for the relevant academic sessions.
Source reference: paras. 6, 12–14Whether the petitioners were entitled, at this stage, to a direction for reimbursement of the scholarship amount claimed by them.
Source reference: para. 1Law Applied
The Court exercised its jurisdiction under Article 226 of the Constitution to address administrative inaction affecting the petitioners’ access to a State-administered post-matric scholarship scheme.
Source reference: para. 1It applied the principle that eligible Scheduled Caste students should not be deprived of the opportunity to apply for scholarship due to circumstances attributable to the educational institution or the fee-regulatory authorities, rather than to the students themselves.
Source reference: paras. 7–8The Court relied on the coordinate Bench decision in Neer Ahirwar and Others v. State of Madhya Pradesh and Others, W.P. No. 12142 of 2023, where the State had opened the scholarship portal for earlier academic years, and referred to Shakti Singh Rawat and Others v. State of Madhya Pradesh and Others, W.P. No. 13550 of 2023, decided on 28 August 2023.
Source reference: paras. 9, 12The Court further proceeded on the basis that the course was regulated by the State Government and that the University had already fixed the course fees; consequently, non-fixation of fees by the AFRC could not prevent submission of the students’ applications.
Source reference: para. 13Reasoning
The Court found that the petitioners’ inability to submit their applications resulted from the MPTAAS portal’s technical and administrative condition concerning AFRC fee fixation, and not from any ineligibility or default on their part.
Source reference: paras. 4, 7–8The earlier decision in Neer Ahirwar demonstrated that the State had previously enabled students to apply for scholarships notwithstanding similar circumstances.
Source reference: para. 12On the material before it, the Court accepted the petitioners’ submission that the course was State-regulated and that the University had already prescribed the fees, leaving no justification for denying them access to the scholarship application process merely because the AFRC had not separately fixed the institution’s fees.
Source reference: para. 13Accordingly, the Court directed that the portal be opened so that the petitioners could submit their applications, while leaving the ultimate processing and determination of the scholarship claims to be undertaken in accordance with law.
Source reference: para. 14Holding
The petition was allowed.
The respondents were directed to open the MPTAAS portal and enable the petitioners to submit their post-matric scholarship applications within one month from communication of the order, with the applications to be processed in accordance with law.
Source reference: paras. 14–15The Court did not grant an unconditional direction for immediate reimbursement; the petitioners’ scholarship entitlement was left to be considered through the lawful processing of their applications.
Source reference: para. 14Original Court PDF
Anand JatavvsThe State Of Madhya Pradesh
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