IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5935 of 2006 CHAN DAI, wife of Late Shiv Chandra Jha, resident of village- Hariharpur, Police Station- Kamtoul, district- Darbhanga. . . . . . . Petitioner. Versus 1. THE UNION OF INDIA, through its Secretary, New Delhi. 2. The Secretary, Ministry of Human Resources Department, Department of Secondary and Higher Education (Sanskrit-II Section) Government of India, Shastri Bhawan, New Delhi. 3. The Under Secretary, to the Government of India, Ministry of Human Resources Development Department, Department of Secondary and Higher Education, Sanskrit-II, Government of India, Shastri Bhawan, New Delhi. 4. The State of Bihar through its Chief Secretary, Bihar, Patna. 5. The Secretary, Human Resources Development Deptt., Government of Bihar, Patna. 6. The Director, Sanskrit Shiksha Board, Boaring Canal Road, Patna. . . . . . Respondents. ----------- 4/ 07.11.2009 Heard. Counsels for the petitioner and the Union of India are present. In the instant case, the petitioner prays for directing the respondents to pay the dues of her husband provided under the scheme of indigent Sanskrit Scholar by Ministry of Human Resources Development Department, Secondary and Higher Education Department, Sanskrit-II Chapter, Government of India, New Delhi. The Ministry of Human Resources Development Department of Secondary and Higher Education (Sanskrit-II Section) implements a scheme namely Central Plan Scheme for Development of Sanskrit for providing financial assistance to eminent Sanskrit Pandits, who are in indigent circumstances and have no settled source of income of even Rs. 10,000/- per annum. The aforesaid income limit was revised to Rs. 24,000/- per annum with effect from the year 2003-04. Late Shiv Chandra Jha, the husband of the petitioner, was selected by Bihar Government for payment of the aforesaid financial assistance. - 2 - The petitioner submits that her husband got financial assistance up to the year 1994-95. However, he did not get any financial assistance for the period 1995-96 till his death on 23.10.2003. The petitioner made representations to both the Central Government as well as the State Government. The Ministry of Human Resources Development Department vide its letter dated 12.09.2005 addressed to the petitioner informed that Central Government has provided financial assistance to the State Government up to the year 1994-95, on the basis of utilization certificate. It has also been stated that no utilization certificate has been given by the State of Bihar for the period 1994-95 and onwards, as such no advance or interim financial assistance has been made to the State Government. In this respect, the Central Government again vide letter dated 31.08.2005 reiterated the aforesaid aspects. The Central Government in its aforesaid letter observed that it is a matter of grave concern that Bihar Government has not only failed to furnish Utilization of these funds but have also not sent any proposal for release of grant for the Pandits in indigent circumstances for the last 10 years i.e. from 1995-96 till 2005-06. No affidavit has been filed on behalf of the State Government. After hearing the parties, this Court finds that on account of non-furnishing of Utilization Certificate, many Sanskrit Pandits, who are in indigent circumstances, are not able to receive the grant provided by the Central Government under the Central Plan Scheme for Development of Sanskrit. It also appears that Bihar Government has even failed to send any proposal for release of grant for the Pandits in indigent circumstances - 3 - for the year 1995-96 onwards, as would appear from the letter dated 31.08.2005 bearing no. F.No.5-3/2005-Skt-II. In the circumstances, if petitioner files representation before the Secretary, Secondary & Higher Education, Human Resources Development Department, Bihar, he would dispose of the representation of the petitioner preferably within three months from the date of the receipt of the same. The State Government would also take necessary steps, so that the benefits provided under the aforesaid scheme is not denied to the Sanskrit Pandits. With the aforesaid observation, this application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)