GURU NANAK EDUCATION TRUSTS GROUP OF INSTITUTION Vs. UNION OF INDIA
LAWS(UTN)-2012-12-92
HIGH COURT OF UTTARAKHAND
Decided on December 31,2012

Guru Nanak Education Trusts Group Of Institution Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

HONBLE SUDHANSHU DHULIA, J. - (1.) SINCE a common question arises in all the writ petitions, hence, these writ petitions are being decided together by this common judgment.
(2.) HEARD Ms. Monika Sharma, Advocate assisted by Mr. H. M. Bhatia, Advocate for the Guru Nanak Education Trust/petitioners (college), Mr. Tapan Singh, Advocate for the students/petitioners, Mr. V. B. S. Negi, Asstt. Solicitor General for the Union of India and Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand.
(3.) UNDER the scheme of the Government of India 2007 -2008, the expenses incurred by a college on the S.C., S.T. & O.B.C. students who were admitted in the post metric course in such an institute would be borne by the Central Government. The exact word used in the scheme is that the amount incurred on the S.C., S.T. & O.B.C. students would be "reimbursed" to the college. Before this Court, the petitioners are the Guru Nank Education Trusts Group of Institution (college) and its students, who are individually seeking the relief of reimbursement of the amount. The contention of the college is that though in the year 2009 -10, 2010 -11 and 2011 -12 some amount particularly under the head of tuition fee has been sent to the institute, yet the Central Government has not paid the entire expenses incurred by the College. In other others, the college has not been fully reimbursed for the amount which they have incurred in S.C., S.T. & O.B.C. students. The grievance of the students is also the same that since the College has incurred expenses, their College may be reimbursed the amount which was incurred on S.C., S.T. & O.B.C. students. The State as well as the Central Government has filed their counter affidavits in WPMS No.1148/2012 and the said counter affidavits are being adopted in all the connected writ petitions. Therefore, the facts related to WPMS No.1148/2012 are being taken into consideration for the sake of convenience.;


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