Allahabad HC Exemplarily Directs IIT BHU To Admit Dalit Girl Who Lost Seat Over Failure To Pay Fee In Time
Sanjeev Sirohi, Advocate
Defence Enclave, Sardhana Road, Kankerkhera, Meerut, Uttar Pradesh
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Date : 17/12/2021 Location : S/o Col. BPS Sirohi, A-82, Defence Enclave, Sardhana Road, Kankerkhera, Meerut-250001, Uttar Pradesh
Allahabad HC Exemplarily Directs IIT BHU To Admit Dalit Girl Who Lost Seat Over Failure To Pay Fee In TimeOne 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 v. 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 v. 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!
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