JUDGMENT :

Shailesh P. Brahme, J.

Rule. Rule is made returnable forthwith. With the consent of parties heard learned counsel for respective parties for final disposal.

2. By the present petition, the validity of Note I of clause 3(d) of the brochure dated 14 March 2021 and clause 1.2 of the revised guidelines of Central School National Means cum Merit Scholarship Scheme (hereinafter referred as to the “Scholarship Scheme” for the sake of brevity and convenience) are challenged. Simultaneously, the petitioner is seeking declaration that the students of unaided private schools are eligible to appear for National Means cum Merit Scholarship examination. The grievance of the petitioner is that the students of VIII standard taking education in unaided private schools are not eligible for appearing in the scholarship examination and they are deprived of the scholarship scheme.

3. The petitioner is a recognized unaided private school imparting secondary education. The respondent No. 1 issued communication dated 20 April 2018 with revised guidelines of Scholarship Scheme, thereby declaring the object of the scheme. The guidelines provide the eligibility, procedure for selection and overall implementation of the scheme. Its clause No. 1.2 provides for scholarship to students in Class IX from a Government, Government aided and local body schools. The scheme proposed disbursement of scholarship to one lakh students in entire nation. A quota of 11682 is earmarked for the State of Maharashtra.

4. The respondent No. 3 published brochure for scholarship scheme on 14 March 2021. It provides eligibility, modality of conducting examination, declaration of results, etc. Its clause No. 3(d) provides that the students taking education in unaided schools, central schools, Jawahar Navodaya schools, students having availed the benefits of government hostel, mess and education and Military schools are ineligible for the scholarship. The ineligibility of students of the private schools stipulated by clause 3 is under challenge in the present petition.

5. It is averred by the petitioner that the representations are made to the respondents to hold its students eligible for scholarship examination. However, there is no response to the representations. The schools in the vicinity also made written request to permit the students of private unaided schools to appear for scholar examination. Their common ground was that the promising and poor meritorious students need financial assistance and encouragement.

6. The petitioner has placed on record a communication issued by the respondent No. 3 on 03.02.2020 addressing the Head Masters of private unaided schools reiterating the ineligibility of the students. Under the above factual matrix, the petitioner has approached this Court.

7. The respondent No. 3 has filed affidavit in reply contesting the pleadings and the relief of the petitioner. The respondent No. 1 has also filed separate affidavit in reply disclosing that the scholarship scheme was finalized on the recommendation of Over sight Committee on implementation of new reservation policy in the higher education with the approval of cabinet committee. It is contended that objective of the scheme is to award scholarship to meritorious students of economically weaker sections to arrest their drop out at Class VIII and to encourage them to continue the education. It is pleaded in para No. 3 of the reply that if the private school students are permitted to compete with the eligible students for scholarship examination, then percentage of students from Government, Government aided and local body schools would be reduced remarkably.

8. It is further stated in reply that in order to prevent the dropout of the students after elementary education for want of financial resources by the meritorious students, the scheme of awarding scholarship is aimed at. There are further schemes available for the students studying in Class X of the unaided schools namely National Talent Rese