R K UPADHYAY Vs. STATE OF M P

JUDGEMENT

(1.) This Public Interest Litigation has been filed for isuance of directions for implementation of the Rules, named as "M.P. Adim Jati Tatha Harijan Kalyan Vibhag Chhatravas Niyam, 1966-67", hereinafter referred to as the 'Rules of 1966'. The petitioner further sought a direction to the State Government to the effect that the ST/SC category students living in Post-Matric Hostels be provided mess facility by the State Government. Petitioner is an Advocate, practising at the High Court of Madhya Pradesh, Bench Gwalior. He has no personal interest in this matter. As per petitioner, he had visited the Post Matric Hostels of Gwalior city in which SC/ST category students including girls students, who have been prosecuting their studies at college level including courses, i.e. Engineering, Law, Medical and other faculties, are residing. In the aforesaid hostels no facility of mess has been provided by the Government. Even though, the students have not been paid the amount of scholarlship, it is contrary to the provisions of Rules of 1966 as well as Articles 21, 39 and 46 of the Constitution of India.

(2.) The respondent-State in its return pleaded that there are two types of hostels run by Tribal Welfare Department. One is Pre-Matric Hostels, where boarding and lodging facilities are being provided to the SC/ST category regular students who are studying up to Class 12th. Another type of hostels are Post-Matric Hostels where only boarding facility is being provided to the students, who are prosecuting their studies in colleges and other higher education faculties. The students of post-matric hostels are being paid scholarship of Rs. 1,500/- per month including mess charges. The student of pre-matric hostels are also getting scholarlship, however, it is paid to the Superintendent of the hostel and the students can adjust the amount against food charges. The post matric students are at liberty to make arrangements for his/her own food from the scholarship because food charges are included in the scholarship. It has further been submitted by the respondent-State that the Government also provides facility of reimbursement of fees of SC/ST category students at certain rates considering the income of parents of the students.

(3.) The State of M.P. framed Rules in order to regulate hostels managed by Adim Jati Tatha Harijan Kalyan Vibhag, named as "M.P. Adim Jati Tatha Harijan Kalyan Vibhag Chhatravas Niyam, 1966-67". The hostels provide lodging and boarding facilities to SC/ST category students. Section 18 prescribes mode of payment of scholarlship (Shishyavritti) to the students residing in the hostel. As per section 18(Sa) a student has to deposit the amount of food charges with the Superintendent of the hostel, which is required for the purpose of providing food facility. The relevant provision is as under :