IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 31505 of 2009(G) -------------------------- PETITIONER: --------------- MUHAMMED RIJAS K.N., AGED 23 YEARS, S/O.K.N.ABDUL BASHEER, (STUDENT, NATIONAL INSTITUTE OF FASHION TECHNOLOGY, BANGALORE) RESIDING AT 'LONG VIEW' VARIAD, KAKKAVAYAL POST, WYNAD DISTRICT. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENTS: --------------- 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HUMAN RESOURCES & MINORITY AFFAIRS, SOUTH BLOCK, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE SPECIAL OFFICER FOR SCHOLARSHIP DIRECTORATE OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADERSRI. M.A.ASIF ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31505/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MERIT-CUM-MEANS SCHOLASHIP SCHEME EXT.P2: COPY OF THE LIST OF INSTITUTIONS EXT.P3: COPY OF THE NOTIFICATION DT. 25.6.2009 EXT.P4: COPY OF THE REPRESENTATION DT. 3.7.2009 EXT.P5: COPY OF THE REPRESENTATION DT. 7.7.2009 EXT.P6: COPY OF THE NOTIFICATION DT. 15.7.2009 EXT.P7: COPY OF THE REPRESENTATION DT. 12.10.2009 RESPONDENT'S EXHIBITS: ANNEXURE-A: COPY OF GOVT. OF INDIA LETTER DT.2.12.2009 ADDRESSED TO THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM PA TO JUDGE /TRUE COPY/ P.N.RAVINDRAN, J. ---------------------------- W.P.(C) No. 31505 of 2009 -------------------------------- Dated this the 16th day of February, 2010. JUDGMENT The petitione who is undergoing the degree course in Fashion Technology in the National Institute of Fashion Technology, Bangalore has filed this writ petition seeking a direction to the respondents to reimburse the course fee of Rs.84,250/- as envisaged in Ext.P1 scheme. The third respondent has filed a statement dated 16.1.2010. Para 2 thereof read as follows: “It is respectfully submitted that the Director of Collegiate Education, Kerala under whom the 3rd respondent is working had taken up the case of short sanction of course fee in respect of the petitioner and five others with the Ministry of Minority Affairs, New Delhi (Authority who sanctions this scholarship) as per letter dated 24.10.2009, and the Ministry of Minority Affairs has informed vide their letter No.1/19/2008/PP-1(R/F) dated 2.2.2009 that the Ministry has processed the proposal for reimbursement of short fall amount in respect of the student included in the proposal (including the petitioner). The petitioner was found eligible for total course fee of Rs.83,000/- during 2008-09 on further scrutiny, and as he has already been sanctioned Rs.20,000/- the balance amount of Rs.63,000/- is also approved to him. Government of India Ministry of Minority Affairs has informed that since the concurrence of finance division of the Ministry is required, it may take some time before the funds in this regard are finally released to the Government of Kerala. A copy of the Government of India letter dated 2.12.2009 is produced herewith and marked as Annexure A for identification. It is submitted that soon after getting release of funds from Government of India, the balance amount due to the petitioner will be disbursed without delay.” W.P. (c). No. 31505 of 2009 2 2. It is evident from the said statement that the petitioner has been found eligible for reimbursement of Rs.83,000/- for the academic year 2008-2009, that payment of the sum of Rs.20,000/- has been sanctioned and that payment of balance amount is also approved. It is also evident from the statement that disbursement has not been made for the reason that funds for payment have not been made available by the Central Government to the State Government. Today, when the writ petition came up for hearing, Sri. M.A.Asif, the learned Government Pleader appearing for the State of Kerala, submitted that requisite funds have been received from the Central Government and that the sum of Rs.83,000/- will be disbursed to the petitioner in full expeditiously. As regards the petitioner's claim for the academic year 2009-2010, he submitted that the petitioner will have to pursue his application if already made or to apply seeking reimbursement of the course fee. In the light of the submissions made at the Bar by the leaned Government Pleader, I dispose of this writ petition with a direction to the third respondent to disburse the sum of Rs.83,000/- to the petitioner towards reimbursement of the course fee for the W.P. (c). No. 31505 of 2009 3 academic year 2008-2009 expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Government of Kerala, General Education Department. It will be open to the petitioner to pursue his application for reimbursement of the course fee for the academic year 2009-10. P.N.RAVINDRAN Judge vps W.P. (c). No. 31505 of 2009 4