Lalit Kumar v. Department for the Welfare of SC/ST/OBC/Minorities & Ors

1. This writ petition filed in public interest seeks the following prayers: “a) To issue appropriate writ in favour of petitioner who is acting on behalf of the Scheduled 2018:DHC:1655-DB Caste students studying at post matriculation or postsecondary stage to enable them to complete their education directing release of funds which has not been released for the last 2 to 3 years by the respondent no. 1 & 2 to respondent no.3. b)To issue appropriate writ in favour of petitioner directing respondent no.3, Directorate of Higher Education to devise methods/schemes which could enable it to do away heavy rejection of applications by it due to non-attachment of required documents as mentioned in the advertisement with the application by the applicants.”

2. Two status reports have been filed on the record. The first is dated 19th September, 2016 (page 76) setting out the manner in which applications in the Post Matric Scholarship Scheme for SC students and Post Matric Scholarship Scheme for OBC students being maintained by the Department for the Welfare of SC/ST/OBC which is the nodal department for disbursal of funds to the implementing departments of the Government of NCT of Delhi. These include the Education Department; Directorate of Higher Education, Directorate of Training & Technical Education; the Kendriya Vidyalaya and the Delhi Cantonment Board. We are informed in this affidavit that the amount as proposed under the Scheme is transferred to the implementing department as per their requirements.

3. The second status report dated 17th November, 2017 (page 94) filed points out certain basic and important aspects of the aforesaid scheme which is a centrally sponsored scheme funded by the Ministry of Social Justice & Empowerment of the Government of India. The scheme is worked and scholarships are awarded by the states/union territories to which an applicant actually belongs.

4. We are further informed that there is no limit so far as the number of beneficiaries under the scheme are concerned and that financial assistance is provided to all eligible applicants subject to their fulfilment of the eligibility criteria.

5. The eligibility criteria is notified by way of public advertisements whereby applications are invited under the scheme.

6. The Department for the welfare of the SC/ST/OBC is the only department for disbursal of the funds as noted above.

7. Appearing for the respondent, Mr. Santosh Kr. Tripathi, learned ASC for the GNCTD submits that since 2016-17, the applications for the said scholarships are invited through the National Scholarship Portal (NSP 2.0) maintained by the Government of India. The purpose thereof is to ensure direct benefit transfer to the person who is entitled to the same under the said Scheme. The status report further informs that applications received on this portal could not be verified by 31st March, 2017 and the same was reopened on 5th May, 2017 for application verification by the Government of National Capital Territory of Delhi and remained opened till the 31st of May, 2017, during which period the Government of NCT of Delhi verified all applications. The application stands processed as per the guidelines issued by the Ministry of Social Justice and Empowerment of the Government of India.

8. Importantly, the percentage of rejected cases has come down from 68% in 2012 to 6% in 2016.

9. Certainly, the change of mode by which applications are to be submitted appears to have made a notable difference to the working of the laudable scheme. We are of the view that no further orders are called for in the present matter which shall stand disposed of.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J MARCH 08, 2018