Beneficiary cannot be deprived of funds on grounds of abolition of scheme: HC

The Allahabad High Court has held that the state cannot deprive a duly selected person of the benefits of a scheme on the ground of lack of adequate funds, or the scheme’s abolition at a later date.

The court has said that such an argument is discriminatory, arbitrary and in violation of the constitutional provision of equality before law.

The high court order came on a petition filed by Kumari Sita, a school student and daughter of a BPL card-holder.

She alleged that though she was a duly selected beneficiary under the Savitri Bai Phule Balika Shiksha Madad Yojana, which was started by the BSP government, the authorities were not extending to her the benefits of the scheme arguing that there were no funds left for the same.

It was also being argued that no benefits could be extended to the petitioner as the newly elected state government had abolished the scheme on May 23 this year.

Passing the order on Tuesday, a division bench of Justices Sunil Ambwani and Aditya Nath Mittal directed the District Inspector of Schools (DIOS), Allahabad, and the state Education Department to extend all benefits mentioned in the scheme to the petitioner within one month.

Under the scheme,

... contd.