- (1.) HEARD Sri Ram Raj, learned counsel for the petitioner and Sri Pankaj Patel, learned Additional Chief Standing Counsel for the State and its authorities.
(2.) THIS is a bunch of writ petitions challenging similar orders, involving similar facts and issues, therefore, they have been heard together and are being decided by a common judgment. Writ Petition No.159 (MS) of 2015 has been heard as the leading writ petition.
(3.) BY means of these writ petitions, the petitioners have challenged the government order dated 15.12.2014 and the consequential order of the Director, Social Welfare, U.P. Lucknow dated 19.12.2014 whereby the authorities have been ordered to take appropriate action as per the procedure prescribed in the G.O. dated 03.12.2014 for blacklisting and cancellation of recognition of seven institutions including the petitioners herein and lodging of FIRs, considering the irregularities/ illegalities detected in the disbursement of scholarship and fee under the U.P. Schedule Caste/ Schedule Tribe Post Matric Scholarship Rules, 2012 for the academic year 2013 -14. The Central Government has framed a scheme known as Postmatric Scholarship for students belonging to schedule caste and schedule tribes. The scheme appears to have been framed in keeping with the provisions contained in Article 15(4) of the Constitution of India for advancement of socially and educationally backward classes citizens and schedule caste and the schedule tribes. The said scheme is to be implemented by respective States/ Union Territories. For the purposes of implementation of the said scheme, the State of U.P. has framed Rules known as U.P. Schedule Castes/ Schedule Tribes Postmatric Scholarship Rules, 2012 (hereinafter referred as Rules, 2012). The said Rules have come into effect from 26.09.2012. Under the said Rules of 2012, the scholarship and fee payable by the students against free or paid seats, as the case may be, is liable to be reimbursed to the students or the institution as per their entitlement and the conditions stipulated in the said Rules. Rule 6 lays down the eligibility conditions for reimbursement of scholarship and fee etc. Rule 11 lays down the preferential categories for such reimbursement. Rule 12 lays down the procedure for such reimbursement. The said Rules have been amended vide Notification dated 20th September 2014. By means of the said amendment, a provision has been made for corrective and penal actions to be taken in the event of detection of irregularities/ illegalities which includes lodging of FIRs, blacklisting of institutions, cancellation of their recognition, as also recovery of the amount in question. On 03.12.2014, a government order was issued prescribing the procedure to be followed for blacklisting the institutions and cancelling their recognition etc.;