Raj Kumar Nayak, aged about 30 years, son of Doctor Nayak, resident of Village v. 1. Union of India through the Secretary, Ministry of Tribal Affairs, Government of India
Case Details
1 W.P. (C). No. 5065 of 2018 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C ) No. 5065 of 2018 Raj Kumar Nayak, aged about 30 years, son of Doctor Nayak, resident of Village - Sonapos, P.O. & P.S. Manjhgaon, District - West Singhbhum .......... Petitioner Versus 1. Union of India through the Secretary, Ministry of Tribal Affairs, Government of India, having its office at Shashtri Bhawan, PO-GPO, PS -New Delhi, District - New Delhi 2. Director General of Civil Aviation, Government of India, having its Office at Safdarjung, P.O- GPO, P.S. New Delhi, District - New Delhi 3. The State of Jharkhand through its Secretary, Tribal Welfare Department, having its office at Project Bhawan, Dhurwa, P.O. & P.S. - Dhurwa, District Ranchi 4. The Tribal Development Commissioner, Government of Jharkhand, having its office at Nepal House, Doranda, PO & PS. Doranda, District – Ranchi ........... Respondents For the Petitioner : For the Respondents :
Legal Reasoning
Mr. Kumar Harsh, Adv. Mr. Aditya Raman, Adv. Mr. Manish Kumar , Adv. Mr. Jitendra Tripathy, Adv. Ms. Sunita Kumari, AC to Sr. SC I. P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This writ petition has been filed invoking the jurisdiction of this court under Article 226 of the Constitution of India, with a prayer for issuance of a writ , order or direction , particularly a writ in the nature of mandamus commanding upon the respondents to release the amount / grant of Rs. 28,35,171/- under the Post Matric 2 W.P. (C). No. 5065 of 2018 Scholarship Scheme to the petitioner who is a member of Scheduled Tribe community, for commercial Pilot Licence (CPL) course. 3. Learned counsel for the petitioner submits that the petitioner appeared in the examination conducted on 08.11.2013 by the Director General of Civil Aviation (respondent no. 2) under the scheme for post matric scholarship scheme belonging to Scheduled Tribe students. Two students were selected from the state of Jharkhand and beside the petitioner, Sandeep Marki was also selected under the said scheme. The respondent no. 4 being the Tribal Welfare Commissioner, Jharkhand communicated to the petitioner for submission of the requisite documents for verification for the purposes of undergoing scholarship scheme. The petitioner was admitted in one of the reputed Flying school i.e. Chines Aviation Pvt. Ltd and the petitioner has also been given a certificate by the said flying school. The co-selectee namely Sandeep Marki, was allotted the first installment to the tune Rs. 14,24,786/- for undergoing the CPL course. The petitioner, though, similarly situated, has been made a victim of hostile discrimination. The benefits of the office order dated 07.01.2016 issued under the signature of the respondent no. 4 was extended to the co-selectee Sandeep Marki but not to the petitioner. The joint Secretary under respondent no. 3, requested the respondent no. 1 for release of the scholarship grant of Rs. 28,35,171 in favour of the petitioner under the said scheme. The Chief Operating officer of the Chines Aviation Pvt. Ltd. has extended, out of sympathy, the course duration, hence, it is submitted that the prayer as prayed for, in this writ petition, be allowed. 4. Learned counsel for the respondent no. 1 by drawing attention of the court to the counter affidavit, filed by the respondent no. 1 submits that the upon conducting written examination for selection of students out of 19 candidates, only six candidates 3 W.P. (C). No. 5065 of 2018 including the petitioner, were selected under the said scheme. The Government of Jharkhand, was requested to furnish progress report, in respect of the petitioner and Sandeep Marki. The government of Jharkhand after a gap of more than three years, sent the proposal of the petitioner, for release of scholarship grant, of Rs. 28,35,171/-. The respondent no. 1 requested the Government of Jharkhand for furnishing certain information. The State Government without sending proposal of Sandeep Marki, for release of scholarship to the ministry, has released the scholarship at the State level. The result of the funding of the CPL course, were not commensurate with the desired outcome. The respondent no. 1 has already discontinued the awarding of scholarships for commercial pilot licence, hence, the respondent no. 1 can not accede to the request of the petitioner for release of the scholarship of Rs. 28,35,171/- for post-matric scholarship under the Commercial Pilot Licence course. 5. Learned counsel for the respondent no. 3 and 4, submits by drawing attention of the court to the Counter Affidavit filed by the respondent no. 4 that the both Sandeep Marki and the petitioner were selected for the CPL course and were covered under the centrally sponsored scheme of post-matric scholarship to the student belonging to Scheduled Tribes for studies in India. Sandeep Marki has been allowed the scholarship for the said course for the selection year 2012-13 as per the “Scholarship Grant” received in the financial year 2015-16. The petitioner was also selected for the same flying school. A proposal was sent to the Ministry of Tribal Affair (Education Section), Government of India, for release of “scholarship grant” under the said scheme but till date, no such grant has been received from the Government of India. Due to non-receipt of the fund from the Government of India, the payment could not be made in favour of the petitioner, for undergoing the said training course, hence, it 4 W.P. (C). No. 5065 of 2018 is submitted that this writ petition, being without any merit be dismissed. 6. Having heard the submissions made at the bar and after going through the materials available in the record, the undisputed fact remains that the petitioner was selected along with Sandeep Marki for the CPL course and the respondent no. 1 in para 13 of its counter affidavit, has in no uncertain manner, mentioned that Sandeep Marki was released the scholarship at the State level itself. This averment made in para 13 of the counter affidavit of the respondent no. 1, has remained unchallenged and there is no dispute that the petitioner is similarly placed as that of Sandeep Marki and there is no justifiable reason as to why; when Sandeep Marki was given the scholarship, the petitioner will not be given the same. As has rightly been submitted by the petitioner, this conduct of the respondents, amounts to hostile discrimination of the petitioner. So far as the contention of the petitioner, that the duration of the course of Sandeep Marki was 12 months and of the petitioner was of 18 months, is concerned, it is submitted by learned counsel for the petitioner that the petitioner could not deposit his money, during the relevant time, hence, the duration of the course was enhanced to 18 months out of sympathy. 7. Under such circumstances, this court is of the considered view that this is a fit case, where a writ of mandamus be issued, directing the respondent nos. 3 and 4 to release a sum of Rs. 28,35,171/- within three months from the date of receipt/ production of this judgment to the petitioner, as Post Matric Scholarship Scheme to the students belonging to Scheduled Tribe community for Commercial Pilot Licence (CPL) course. 8. Accordingly, issue a writ of mandamus commanding upon the respondents to release the amount / grant of Rs. 28,35,171/- under the Post Matric Scholarship Scheme to the petitioner who is a 5 W.P. (C). No. 5065 of 2018 member of Scheduled Tribe community, for commercial Pilot Licence (CPL) course. 9. This writ petition, is allowed accordingly. High Court of Jharkhand, Ranchi Dated, the 25th January, 2024 Smita /AFR (Anil Kumar Choudhary, J.)