Allahabad High Court: While quashing an order dated 21.02.2014, passed by  authorities concerned of State Government under the scheme launched by  Ministry of Minority Affairs, Government of India known as ‘Post-matric scholarship’ for  meritorious students belonging to minority community who are financially weak, which dealt with transfer of scholarship amount and tuition fee directly in the bank accounts of students, instead of the bank accounts of particular institutes as provided in the scheme previously, the Court held that since the scheme is funded by the Central Government and grants are sanctioned by the Parliament by means of Finance Act, therefore, changes in the scheme can only be made by the Central Government or by an authorized institution, State Government has no power under the scheme to make any alteration.

The Petitioners who were represented by Raghvendra Singh contended that according to the directive issued by the Central Government maintenance allowance has to be transferred in the accounts of students while tuition fee will be transferred in the accounts of the institute and therefore, its not open to the State Government to order transfer of tuition fee directly in the accounts of the students on the other hand respondents alleged that some institutes were involved in fake registration of students with intention to usurp the scholarship meant for genuine person in the name of non-existing students, so for better implementation of scheme its required that amount is transferred to the account of the student.

The Court allowed the petition and observed that in the impugned order there is no mechanism provided for recovering the tuition fees from students in the event students do not pay or leave institutes after taking admission blocking seats would work adversely towards the institutes. The Court further held that State Government’s objective to check the fake enrollment or fake institutes can be achieved by closely and constantly monitoring the scheme. Madarsa Siksha Manager Association U.P.  v. Ministry of Minority Affairs, 2014 SCC OnLine All 10340, Decided on 17.10.2014

To read the full order, Refer SCCOnLine

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