Delhi HC Asks City Govt To Decide On Release Payments Of Coaching Institutes
A bench of Justice Sachin Datta was hearing a plea seeking directions to respondent authorities to implement in letter and spirit the scheme introduced to provide quality coaching for economically disadvantaged SC/ST/OBC/EWS candidates.
It provided that the coaching fees in respect of the enrolled students are to be borne by the Delhi government's Department for the Welfare of SC/ST/OBC/Minorities.
Pursuant to the scheme, a Memorandum of Agreement (MoA) was entered into with the institutes concerned setting out the duration, the courses, and the quantum of fees which would be borne by the Delhi government, the eligibility criteria for candidates/students and also the funding pattern.
In their petition filed before the Delhi High Court, the petitioner institutions contended that they were not even paid the first instalment amounting to 50 per cent of course fees by the national capital government.
The petitioners raised grievances, time and again with the authorities concerned but were paid no heed.
Aggrieved, they filed a plea seeking appropriate directions for the release of their payments, which they are entitled to under the scheme and in terms of the MoA. They contended that the authorities have been following a policy of pick and choose as regards the release of entitlement inasmuch as in the case of some institutes, the necessary payments have been released as far back as in 2022 but no payment whatsoever has been released to the petitioners.
The Delhi government did not dispute that it was obliged to pay the requisite amount but said that the payment was subject to scrupulous verification and furnishing of requisite information by the institutions, as may be sought by the department concerned.
Taking note of the fact that positive steps have been taken by the Special Secretary, in convening a meeting on December 13 with a view to resolving the controversy, the Delhi High Court ordered that each of the petitioners will be afforded an opportunity of hearing and a decision will be taken as regards release of the monetary entitlement in terms of the scheme in question, after proper verification.
After the petitioners undertook that all relevant documents in their possession would be duly provided, it ordered that the process of submission of the said documents be completed within a period of five weeks.
"The same shall be scrutinised by the DSCST and a hearing shall be afforded by the Special Secretary to the petitioners within a period of four weeks thereafter. After this exercise, the requisite payment, as may be found due and payable to the petitioners shall be released forthwith," directed the Delhi HC.
It clarified that in case, it is found that the petitioners are not entitled to release of payment, or if there is any deficiency/deduction in payment, a reasoned order will be passed, clearly setting out the basis thereof.
"It is hoped and expected that the DSCST shall take expeditious steps to resolve the grievances of the petitioners and to ensure that the object of the scheme is not undermined or frustrated. (I)n case the petitioners are aggrieved with the outcome of the aforesaid exercise, they shall be at liberty to avail appropriate remedies," the HC said.
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