IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7579 of 2010 1. AVINASH KUMAR OJHA S/O SHASHIKANT OJHA R/O VILL.- NAWADIH, P.O. SANDAUL, P.S. BIHIA, DISTT.- BHOJPUR ARRAH (BIHAR) THROUGH HIS GUARDIAN SHASHIKANT OJHA, S/O JAIRAM OJHA, R/O VILL.- NAWADIH, P.O. SANDAUL, P.S. BIHIA, DISTT.- BHOJPUR (ARRAH) BIHAR, (NEXT FRIEND) Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, STATE EDUCATION RESEARCH CUM TRAINING COUNCIL BIHAR, PATNA-6 4. THE DISTRICT EDUCATION OFFICER, BHOJPUR, ARRAH 5. THE PUBLIC RELATION OFFICER CUM HEAD OF THE DEPARTMENT STATE EDUCATION RESEARCH AND TRAINING COUNCIL BIHAR PATNA MAHENDRU 6. THE HEAD OF THE DEPARTMENT EDUCATION RESEARCH DIRECTION AND EVALUATION AND EXAMINATION REFORM DEPARTMENT. STATE EDUCATION RESEARCH AND TRAINING COUNCIL BIHAR, MAHENDRU, PATNA-6 7. THE NODEL OFFICER SRI BIRENDRA PRASAD SINHA, STATE BANK OF INDIA OF THE STATE OF BIHAR 8. THE BRANCH MANAGER S.B.I. BIHIA, BHOJPUR ----------- For the Petitioner: Mr. Dhananjan Kumar Singh, Advocate For the State : Mr. Gyan Prakash Ojha, AC to GA 7 For State Bank of India: Mr. Ashok K. Choudhary, Advocate For the Union of India: Mr. Sunil Kumar, C.G.C. ------ 4. 29.10.2010 Heard learned Counsel for the petitioner, for the State of Bihar, for the Union of India and for the State Bank of India. Avinash Kumar Ojha, a student, appeared at the National Income Cum Merit Scholarship Examination, 2009 organized by the State Education Research and Training Council, Bihar at Patna (hereinafter referred to as ‘the Council’). The counter affidavit of the State Government explains that the National Means Cum Merit Scholarship Scheme was launched by the Union of India to award the meritorious but economically backward students of recognized Government Schools under the guidelines of National Council of Educational Research and Training, New Delhi (hereinafter referred to as’ the NCERT). The Council conducted the examination, published the result and requested the successful candidates to open a zero balance account in the State Bank of India or other nationalized 2 bank and send necessary information in the prescribed format to the Council. The Council in turn sent the details in soft and hard copy to the Nodal Officer of the State Bank of India in the State. Thereafter the Ministry of Human Resources Development, Government of India, releases funds to the Nodal Officers through the Head Office, State Bank of India, New Delhi. No counter affidavit has been filed on behalf of the Union of India but a counter affidavit has been filed on behalf of the State Bank of India. It is no more in controversy that the petitioner competed and that funds have been released by the Union of India to the State Bank of India routed through the Council. The counter affidavit of the State Bank of India mentions that a sum of Rs. 1500/- had been transferred to the account of the petitioner. Counsel for the petitioner disputes that it is not the correct amount to be transferred which is required to be more but is unable to tell the Court what was the quantum of the stipend/scholarship that may have been announced under the National Means Cum Merit Scholarship Scheme. Annexure ‘B’ to the counter affidavit of the State of Bihar is a letter dated 12.1.2010 from the Ministry of Human Resources Development, Government of India, addressed to the General Manager, Government Business Unit, State Bank of India, New Delhi. It states that a sum of Rs. 30,15,000/- for depositing Rs.4500/- in the account of each of the 670 awardees of the Government of Bihar under the National Means Cum Merit Scholarship Scheme had been released for which other details of the students was already available with the Bank. The State 3 Bank of India has been directed to deposit the amount of scholarship in the account of the awardees and thereafter the amount of scholarship shall continue to be deposited in the account of the awardees till an acceptance report is not received or scholarship is not discontinued. The State Bank of India has been directed to inform the Ministry of Human Resources Development with regard to compliance. No details of the Scholarship Scheme have been placed on record by the parties except for what has been noticed above. From the materials placed this much is apparent that a sum of Rs. 4500/- is required tobe transferred to the successful awardees including the petitioner. The counter affidavit of the State Bank of India that a sum of Rs. 1500/- has been deposited does not meet the requirement of the letter dated 12.1.2010 as discussed above. The State Bank of India is directed to forthwith comply the directions of the Union of India dated 12.1.2010 by transferring the balance Three Thousand rupees in the account of the petitioner within a period of one week from the date of receipt and/or presentation of a copy of this order. If a scheme has been launched by the Union of India to enhance the academic excellence of deserving meritorious students by awarding them scholarship to enhance their academic skills and achievement, this Court not only excepts but also requires the Union of India to take necessary steps to ensure that its directions are complied with by the State Bank of India which has been chosen by it as a Nodal Agency for the purpose. It shall equally be the responsibility of the Union of 4 India in the Ministry of Human Resources Development to ensure that necessary amount in terms of its letter dated 12.1.2010 is transferred to the account of the petitioner within the time indicated. This order has been passed in presence of the Counsel for the Union of India and the State Bank of India. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)