HC slams Centre, state govt over pending fee under scholarship plan, calls it ‘clear mischief’

Expressing concern over the non-payment of fee under the post-matric scholarship plan for Scheduled Castes students, the High Court here said there has been a “clear mischief” either on the part of the Centre, Punjab Government or institutions concerned in this regard.

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The assertion by Justice Harsimran Singh Sethi came on a bunch of petitions filed by students belonging to the Scheduled Castes category, whose mark sheets, degrees and other documents have been withheld by several colleges.

In its order on January 9, which was uploaded on the Punjab and Haryana High Court website on January 15, Justice Sethi also ordered the Centre, state and educational institutions to hold a joint meeting to identify the root cause of the problem and ensure timely disbursement of funds.

The court said, “Panjab University, which is the affiliating university, has also not released the same (educational documents) on the ground that the fee supposed to be given to the varsity either by the students or the institutions concerned has not been received,” Justice Sethi said.

The Bench observed that the state’s stand was that its share had already been paid either to the students or to the institutions concerned. The Government of India was, meanwhile, claiming that its share has been paid to Punjab.

“It is very surprising that Union of India and Government of Punjab claim to have discharged their liability. In case, the fact is true, where has the money gone in case the same has not been reimbursed to the institution concerned or the university?” the court asked.

“There is a clear mischief either on the part of the State of Punjab, the Government of India or institutions concerned due to which the reserved category students concerned are suffering,” it added.

The court said a coordinate Bench had already directed the institutions and Panjab University not to withhold the students’ documents.

The Bench also directed the respondent institutions and Panjab University to release within 15 days all documents to which the students were entitled to.

Justice Sethi further rejected the contentions raised by the counsel for the university and the State that the requisite amounts were paid directly to the students, who were then responsible for depositing the same with the institutions or the university.

The court noted that it was conceded during the hearing that no student up until 2017 had been paid directly under the scheme. The funds were disbursed to the institutions for subsequent transmission to the university.

Justice Sethi said no record or evidence was produced to substantiate the claim that any student had received payment.

“Not even a single document has been placed on record either by the Union of India or by the State of Punjab that any amount was paid by them directly to any of the petitioner/student,” Justice Sethi asserted.