Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.

» Home
Wednesday, May 8, 2024

Allahabad HC Exemplarily Directs IIT BHU To Admit Dalit Girl Who Lost Seat Over Failure To Pay Fee In Time

Wed, Dec 1, 21, 19:08, 2 Years ago
star star star star star
0 out of 5 with 0 ratings
comments: 0 - hits: 5880
Sanskriti Ranjan vs Joint Seat Allocation Authority Thru. Org. Chairman Jee asked I.I.T. (BHU) Varanasi to admit a Dalit girl student who lost her seat [in the course of Bachelor and Master of Technology (Dual Degree)] over her failure to submit Rs 15,000/- towards seat

One is at a loss of words to describe the tsunami of emotional feelings that one felt right at the time when one read that none other than the learned Hon'ble Mr Justice Dinesh Kumar Singh himself who delivered the judgment straightaway volunteered immediately to contribute Rs 15,000/- towards the fee for allocation of the seat in IIT BHU for the Dalit girl who lost seat over failure to pay fee in time and handed over the said amount to her after the court hours. How many times do we read such large heartedness on the part of Judges themselves leading by personally doing something? This has to be certainly applauded and admired in no uncertain terms!

It is extremely gladdening to learn that the Allahabad High Court in a learned, laudable, landmark and latest judgment titled Sanskriti Ranjan vs Joint Seat Allocation Authority Thru. Org. Chairman Jee & Ors in Misc. Single No.- 27843 of 2021 that was delivered on November 29, 2021 asked I.I.T. (BHU) Varanasi to admit a Dalit girl student who lost her seat [in the course of Bachelor and Master of Technology (Dual Degree)] over her failure to submit Rs 15,000/- towards seat acceptance fee, due to the financial crisis being faced by her. It must be mentioned here that having scored 92.77 percentile marks in J.E.E Mains Examination, the student secured rank 2062 as Scheduled Caste Category candidate and further, she cleared J.E.E Advance in October 2021 with 1469 rank in the Scheduled Caste Category. Thereafter, she was allotted a seat at I.I.T (BHU) Varanasi for Mathematics and Computing [Bachelor and Master of Technology (Dual Degree)] in the counseling. However, she could not arrange the amount of Rs 15,000/- as her father had to undergo dialysis twice a week to survive and due to the ill health of her father, and financial crisis created by medical expenses and Covid-19. It is here that Hon'ble Mr Justice Dinesh Kumar Singh most commendably stepped in personally and ensured that a talented girl gets her due and not made to suffer just because of her financial stress!

To start with, the ball is set rolling in para 1 of this brief, brilliant, bold and balanced judgment authored by a Single Judge Bench comprising of Hon'ble Mr Justice Dinesh Kumar Singh wherein it is put forth that:
In compliance of the order passed before Lunch, Mr.S.B.Pandey, learned Assistant Solicitor General of India assisted by Mr. Mukund Madhav Asthana has put in appearance on behalf of Union of India, Ministry of Education (Department of Technical Education).

To put things in perspective, the Bench then envisages in para 2 that:
Facts of the case are extraordinary and peculiar in the sense that the petitioner belongs to a Scheduled Caste Community. She is a bright student. The petitioner had secured 95.6% marks in 10th and 94% marks in 12th. She appeared in the Joint Entrance Examination for selection in the I.I.Ts. The petitioner was successful in clearing the exam. She has secured 92.77 percentile marks in J.E.E Mains Examination and, she secured her rank at 2062 as S.C. Category candidate. Thereafter, the petitioner had applied for J.E.E. Advanced on 16.09.2021 and, cleared J.E.E. Advance on 15.10.2021 with 1469 rank in Scheduled Caste Category.

Lamentably, the Bench then enunciates in para 3 that:
The petitioner was allotted a seat at I.I.T. (B.H.U.) Varanasi for Mathematics and Computing (5 years, Bachelor and Master of Technology (Dual Degree) in the counseling. However, the petitioner could not arrange a meager amount of Rs.15,000/-, the fee to be paid before the scheduled date.

As we see, the Bench then points out in para 4 that:
Mr. Servesh Kumar Dubey and Ms. Samta Rao, learned counsels have voluntarily agreed to assist the Court in the case. The petitioner has not been able to pay meager amount of Rs. 15,000/- for seat acceptance as her father has been diagnosed with chronic Kidney decease and, he has been advised for Kidney Transplant. Father of the petitioner has to undergo dialysis twice in a week to survive. It is said that due to ill health of the father of the petitioner and financial crisis created by medical expenses and Covid-19, the petitioner could not arrange Rs. 15,000/- fee for allotment of seat at I.I.T., B.H.U. The petitioner and her father have written many times to Joint Seat Allocation Authority for extension of time indicating precarious condition for which she could not deposit the fee but no reply has come forth from the Joint Seat Allocation Authority.

Furthermore, the Bench then discloses in para 5 that:
Mr. Servesh Kumar Dubey and Ms. Samta Rao, learned counsels who are assisting the petitioner in the matter on Court's request have brought to the notice of this Court an interim order dated 22.11.2021 passed by the Supreme Court in Civil Appeal No.6983 of 2021: Prince Jaibir Singh vs Union of India & Ors. In the said case also, a candidate namely, Prince Jaibir Singh a dalit student could not deposit the fee for seat allocation before the last date of depositing the fee and, the Supreme Court considering career prospect of a young dalit student, who was on the verge of losing valuable seat allotted to him in I.I.T. Bombay, directed that the said candidate, Prince Jaibir Singh to be admitted in I.I.T. Bombay pursuant to the allocation of the seat to him by creating a supernumerary seat.

Most laudably, what captures not just maximum eyeballs but maximum sentiments and hearts also is then laid bare in para 6 wherein it is ruled that:
The aforesaid order though was passed under Article 142 of the Constitution of India but considering the facts of the present case, where a young bright dalit girl student has come before this Court seeking equity jurisdiction to enable to pursue her dream of getting admitted in the I.I.T., this Court on its own has volunteered to contribute Rs.15,000/- the fee for allocation of the seat. The said amount has been handed over to the petitioner after court hours today itself.

As a corollary, the Bench then directs in para 7 that:
In view of the aforesaid, as an interim measure, Joint Seat Allocation Authority and I.I.T. B.H.U. are directed to admit the petitioner in Mathematics and Computing (5 years, Bachelor and Master of Technology (Dual Degree)). If there is no seat vacant in the said discipline, I.I.T. B.H.U. is directed to create a supernumerary post, which shall be subject to the admission of the petitioner being regularized in the event of any seat falling vacant in future as a result of exigency which may arise in the course of admission process. If no seat falls vacant, the petitioner shall continue her studies for Mathematics and Computing (5 years, Bachelor and Master of Technology (Dual Degree)) course against a supernumerary seat.

In addition, the Bench then also directs in para 8 that:
The petitioner shall report at I.I.T. B.H.U. within a period of three days from today with relevant papers and fee for getting herself admitted for Mathematics and Computing (5 years, Bachelor and Master of Technology (Dual Degree).

Be it noted, the Bench then observes in para 9 that:
Mr. Servesh Kumar Dubey and Ms. Samta Rao, learned counsels have prepared an application for impleadment of necessary parties. Let that application be filed in the Registry.

Going ahead, the Bench then states in para 10 that:
List this petition along with the application in the next week.

Finally, the Bench then concludes in para 11 by holding that:
The petitioner is at liberty to file a self attested computer generated copy of this order downloaded from the official website of this Court for necessary compliance.

On a concluding note, one would say only this that words certainly cannot be adequate to describe in full and it is beyond the capacity of my pen to elaborate how extremely commendable, cogent, courageous and convincing this particular judgment is! Of course, Hon'ble Mr Justice Dinesh Kumar Singh has led from the front in coming to the rescue of a Dalit girl not just by giving judgment in her favour but also most promptly arranging money of Rs 15,000/- for her which she required so desperately failing which she would have been deprived of the golden opportunity to get admission in IIT BHU! This is what has truly shaken me the most and I voluntarily salute him for this great gesture which he has displayed so commendably!

No doubt, Allahabad High Court must definitely be proud to have such dedicated, determined and disciplined Judges who never dither in going out of their way to help those in distress as we see so uniquely in this leading case also! Even the Lucknow Bench where he is currently based will be certainly proud to have him as a Judge amongst them! He has set a great personal example and definitely all the Judges and all citizens must in their respective lives strive to imbibe what he has done in reality! He rightly took note of the glaring fact that a young bright Dalit girl student had come before the Court with lots of hopes seeking equity and justice so that she could pursue her coveted dream of getting admitted to the IIT BHU. Kudos to him for doing so and for ruling so commendably in her favour!

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
Sanjeev Sirohi Advocate
Member since Apr 20, 2018
Location: Meerut, UP
Following
User not following anyone yet.
You might also like
In the wake of the Partition Assam lost one of her districts to Pakistan. Mountbatten’s partition-plan announced on 3 June 1947, provided inter-alia for a referendum to be held in the Sylhet district of Assam
It is reassuring that while the Cricket World Cup is being played in the subcontinent, the organizers have wisely chosen to skirt Pakistan.
Law is a form of Social Science. Society and law are closely related to each other. Law tells the nature to live the social life and this also increases with the Economic, Scientific and Technological progress.
In a democratic country like India, judiciary plays a vital role in establishing a state of justice. Justice is desired by each and every person on this earth.
Our Indian Society consist of a variety of people that differ in Cast, Religion, Economic status and Gender. For this society a different kind of Social Justice required.
some Bizarre laws prevailing in various countries have been mentioned here
In Sweden it is illegal to use the services of a prostitute. Prostitution is legal though.
In the case of Dr Bhupal Singh Bhakuni v State of Uttarakhand & others in Writ petition (PIL) No. 127 of 2014 ordered the State to establish a National Law University (NLU) in Uttarakhand within three months.
Selecting and recruiting human resources for Public Administration is a management area that has been undergoing in – depth changes. An effective response is required to meet the challenges of a society in which growing knowledge and awareness of citizenship demand transparency and speediness of processes.
It is fast becoming a regular phenomenon in Kashmir Valley! These stone pelters who gather in large numbers and then without any provocation start pelting stones at soldiers who are engaged in operations with terrorists themselves behave like terrorists and like terrorists are responsible for inviting death.
It is a matter of utmost concern that in our country Centre is spending money like water on the security expenditure of separatists Hurriyat leaders but is not ready to spend even a small amount on the soldiers who are based properly in Jammu and Kashmir making them soft targets of terrorists
It is extremely appalling to see that Centre right from independence in 1947 till now has outrightly favoured Eastern UP in giving it a single bench of high court in Lucknow
To begin with, it is deeply disgusting, shocking and frustrating to see that BJP which is holding the helm of affairs in Centre as well as in State of UP is not listening to the repeated legitimate demand of its own MPs both in Lok Sabha and Rajya Sabha
Madhya Pradesh High Court in Praveen Pandey vs Madhya Pradeshhas issued significant directives against the call of a strike by State Bar Council and Bar Associations, including debarring members/officials of the Bar Council/Association which gives a call for a strike, from appearing before the courts.
Non-residents of India can join the Indian administrative cadre by cracking through the UPSC exams. They are the residents of India who are temporarily off from their native land. They should meet the requisite criteria for the IAS.
the change of guard in the Supreme Court with outgoing CJI Dipak Mishra passing the baton of CJI to Ranjan Gogoi might lead to a discernible change in the court proceedings as was evident right from the first day as the CJI made it clear that he will continue to be "strict and perfectionist" in dealing with cases and judicial administration.
It is most astonishing, appalling and ashaming to note that in spite of UP being the rape and crime capital of India as was rightly slammed by none other than former UN Secretary General Ban ki moon while he was UN Secretary Gene
The Biological Diversity Act, 2002 is aimed towards conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising out of the use of biological resource and associated traditional knowledge.
It has be said with deep dismay, utmost dejection and utter disappointment that this NDA government which came to power after categorically and convincingly promising the more than 9 crore people of West UP
This paper discusses the need to include the acts of aggression committed by the Violent Non-State Actors in the definition of Crimes of Aggression as given in Article 8 bis of the Rome Statute.
Quashed resoundingly a government resolution imposing a condition that the Assistant Public Prosecutor, whose rate of conviction is less than 25% of the cases handled by him, is not entitled to promotion and thus accepted the contention of the petitioners as valid.
What is happening in West UP? Who is safe in West UP when police officers are themselves not safe here and can be murdered so openly and brazenly as we saw for ourselves just recently in Bulnadshahr?
The Judges of the Supreme Court are appointed by the President under Article 124 (2) of the Constitution while Judges of the High Courts are appointed by the President under Article 217 (1) and 224 (1) of the Constitution.
TOEFL is an English language test for evaluating the command and understanding of the non-native English speakers. The NRI education consultants suggest registring at least 4 to 5 months before the examination.
Sarvepalli Radhakrishnan University & Another v. UOI imposed a whooping penalty of Rs 5 crore on a medical college for playing fraud on it. It also ordered prosecution of its dean.
the Advocates Act never intended to confer the disciplinary powers upon the High Court or Supreme Court except to the extent dealing with an appeal under Section 38 of the Act.
Nandu @ Gandharva Singh Vs. Ratiram Yadavcame down heavily on a lawyer for seeking repeated adjournments stated that seeking adjournment for no reason by lawyers amounts to professional misconduct..
Lucknow University Vandalism v/s UP guidelines were formulated by a Committee appointed by the Allahabad High Court on July 6. It will remain in effect until the state government and all government-aided universities frame the necessary rules and regulations to ensure a congenial and conducive environment for academic pursuits
Between 2014 to 2019 never Before has India's Image received such a Gigantic Blow from Being a nation of accepting new ideas and Embracing all faiths and beliefs to that of shutting down and shunting away anything that isn't acceptable to the ruling class ideology.
Usha Kanta Das and Amiya Kanti Das V/s S.M. Sefalika Ash, the Calcutta High Court held that only advocates enrolled under the Advocates Act are authorized to plead and argue on behalf of litigants before a court of law. Those who are not so enrolled cannot plead and argue on behalf of litigants before a court of law!
Why is it that only Eastern UP has high court at Allahabad and a single bench at Lucknow and all the other regions like Western UP, Bundelkhand and Purvanchal etc
How long will Centre like a shameless mute spectator just keep watching the law and order situation in West UP from turning more and more lawless? How long will Centre overlook the repeated murder of lawyers in West UP?
How long did Jawaharlal Nehru take to create a high court bench at Lucknow on July 1, 1948? Less than a year! How long will Centre take to create a high court bench in West UP
President of the Youth Bar Association of India The petition alleges that the fundamental rights of the citizens under Article 14, 19 and 21 of the Constitution have been violated by denying them the right to speedy justice due to non-appointment of Judges in Courts.
Biggest Slap By ICJ Directly Right On The Face Of Pakistan
Law Minister Ravi Shankar Prasads Reply on Lack of maintenance of Indian Courts and Courtrooms
Jadhav Case that Pakistan violated Vienna Convention on Consular Relations 1963 by not informing Kulbhushan Jadhav without delay of his rights under Article 36(1)(b) to have consular access.
A vision for the education system in India- has been crafted to ensure that it touches the life of each and every citizen, consistent with their ability to contribute to many growing developmental imperatives of this country on the one hand, and towards creating a just and equitable society
The transcript defines a recognized document, validated by the registrar of the university. It is also called a consolidated marksheet, published in the official paper and also attested by the dean or registrar. It is a payable service, generally sought for taking admission in the foreign university or employment abroad.
The certificate attestation is a compulsory practice if any non-resident wants to scale his business abroad. Mainly, any business is proved authentic through the Memorandum of Association (MOA), Articles of Association (AOA), Incorporation Letter and the Board Resolution.
legal giant named Ram Jethmalani finally passed away at the age of 95 just short by 6 days ahead of his 96th birthday on 14 September on 8 September after suffering from prolonged illness.
The Tamil Nadu Dr Ambedkar Law University Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, was directed to supply the copies of answer-sheets sought by the Respondent-students under the RTI Act.
Justice Sharad Arvind Bobde to take over from the incumbent Chief Justice of India (CJI) – Justice Ranjan Gogoi on November 18 just a day after Justice Gogoi retires as CJI on November 17.
violence that broke loose at Tis Hazari court on November 2 between lawyers and police which left many injured, the Delhi High Court without wasting any time on November 3 very rightly constituted a judicial committee
BJP and Opposition parties like BSP are repeatedly raising the legitimate and compelling demand for the creation of a high court bench in West UP
UP Bar Council Chairman and senior advocate Harishankar Singh who has an impeccable track record has openly not just espoused the creation of a high court bench in West UP at any cost but has also simultaneously warned that if Centre and UP state government do not pay attention to it there will be a very big movement
to promote our foreign policy since the last Session of Parliament. In doing so, l focus on high-level visits that have taken place recently. ln order that their full significance is properly appreciated, allow me, Mr. Chairman, to briefly share with the House the larger context in which they have been organized.
The Independence of India came with tragic communal violence engulfing the life of more than a million people amidst the demand of separate Pakistan and the threat of Direct Action. The demand of partition was finally met by Indian Independence Act,
Bengalis and Punjabis are two communities which suffered major loss during partition. The evil plan to include entire Bengal in East Pakistan which was foiled by Dr. Syama Prasad Mookerjee and the volcanic outburst of Direct Action made Bengal a victim of Muslim League’s Islamist ideas.
arbitrary transfer of High Court Judges in our country is not stopping in our country at all which is hurting the smooth functioning of our judiciary immensely as some are even resigning in protest.
Top