Bombay HC Strikes Down Exemption Of Income Criteria For Scholarships To Backward Caste Students Pursuing Foreign Education
The Bombay High Court struck down the condition which removed the applicability of the income criteria from scholarships for students from backward castes attempting to pursue higher education in foreign countries.
The Government of Maharashtra had introduced a scholarship scheme for persons belonging to the ‘low-income belt’ who could not afford higher education in foreign countries.
The Bench took note of students whose guardians had a substantial income and were well placed in life, and yet they were granted the benefit of the scholarship which defeated the very purpose for which the scheme was brought into force
A Division Bench of Justice Avinash G. Gharote and Justice M.S. Jawalkar observed, “It would thus be apparent, that the purpose, of the GR, is to aid and assist, students belonging to the backward caste, in their attempt, to take higher education, which is a laudable purpose. It is therefore necessary, that to achieve the object of the purpose for which the GR has been brought into force, the income criteria ought to be maintained…It is thus apparent, that the existence and operation of Clause D(2) of the GR dated 27/06/2017, clearly defeats the very purpose, for bringing the GR dated 27/06/2017, into existence and therefore, will have to be held unreasonable, arbitrary and not serving the purpose for which the GR was brought into force.”
Advocate P.R. Agrawal represented the petitioner, while AGP N.R. Patil appeared for the respondents.
The petitioner belonging to the Scheduled Caste category had challenged the Clause set by the Social Justice and Special Assistance Department of the State of Maharashtra. The department had issued an advertisement for the Rajarshi Shahu Maharaj Scholarship Scheme, aimed at providing financial aid to economically deprived students pursuing education abroad.
For students taking admission in QS World Ranking Top Hundred Foreign Institutions, the income criteria was done away with by the introduction of Clause D(2) of a government resolution passed in 2017.
It was contended that students from ‘high economic standards’ were availing themselves of the scholarships, thus depriving the economically deprived students.
“Though Clause D(1) does that, however Clause D(2) takes away its effect, for students who have been offered admission, in the first 100 QS World Ranking Top 100 institution in foreign Countries. This would indicate, that the very purpose for providing scholarship to students of backward caste who are unable to take higher studies is being frustrated due to Clause D(2) which takes away the said income limit,” the Court remarked.
The Court clarified that for the students, who had been offered admission in the first hundred institutes which have QS World Ranking Top 100, the income criteria would not be applicable to them even though Clause D(1) stipulated that the income of the family of the student applying for such scheme including that of the student should not exceed Rs.6 Lakhs per annum.
The Court held, “We, therefore, declare Clause D(2) of the GR dated 27/06/2017, as unreasonable as arbitrary and quash the same. The result would be that Clause No. 2 in the advertisement dated 17/05/2023 (page 10), would become redundant and inoperative.”
Accordingly, the High Court allowed the petition.
Cause Title: Shri Mayur Sanghrakshit Pati v. State of Maharashtra & Anr. (Neutral Citation: 2024:BHC-NAG:5541-DB)
Appearance:
Petitioner: Advocate P.R. Agrawal
Respondents: AGP N.R. Patil