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IN THE HIGH COURT OF BOMBAY
Mangesh S.Patil, Shailesh P.Brahme, JJ.
Ravishankar Vidya Mandir - Appellant
Versus
Government of India - Respondent
Writ Petition No. 7861 of 2020
Decided On : 08-09-2023
SCHOLARSHIP - National Means cum Merit Scholarship Scheme - Right of the Child to Free and Compulsory Education Act, 2009; National Means cum Merit Scholarship Scheme Guidelines - The court examined the validity of the exclusion of students from unaided private schools from the National Means cum Merit Scholarship Scheme. It interpreted the provisions of the Act of 2009, emphasizing the need for financial assistance for economically weaker sections. The court concluded that the exclusion was not arbitrary, as it aimed to support students from government and aided schools, thereby preventing dropouts. The court upheld the government's discretion in policy formulation, finding no violation of statutory provisions.
Fact of the Case:
The petitioner, a recognized unaided private school, challenged the exclusion of its students from the National Means cum Merit Scholarship examination, arguing that this exclusion deprived economically weaker meritorious students of financial assistance. The scholarship scheme was designed to support students from government and aided schools to prevent dropouts.
Finding of the Court:
The court found that the exclusion of students from unaided private schools was not arbitrary and served a legitimate purpose of supporting students from economically weaker sections in government and aided schools. The court emphasized the government's prerogative in formulating scholarship policies and the financial implications of such schemes.
Issues: Whether the exclusion of students from unaided private schools from the National Means cum Merit Scholarship Scheme is arbitrary and violates principles of equality and reasonableness.
Ratio Decidendi: The court held that the classification made by the scholarship scheme was reasonable and based on intelligible differentia, aimed at addressing the dropout rates among students from economically weaker sections in government and aided schools. The court affirmed that it cannot interfere with the policy decisions of the government unless there is a clear violation of statutory provisions or constitutional rights.
Final Decision: The writ petition was dismissed, and the court upheld the validity of the exclusion of students from unaided private schools from the scholarship scheme, stating that the government has the discretion to determine eligibility criteria based on financial considerations.
JUDGMENT/ORDER
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 dtd. 14/3/2021 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 dtd. 20/4/2018 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 14/3/2021. 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 3/2/2020 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 Sec. 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 Research Sc
The court established that the government has the authority to formulate scholarship policies and eligibility criteria, provided they are not arbitrary or in violation of statutory provisions, and th....
The court upheld the validity of the scholarship scheme's screening criteria, affirming that it does not violate Articles 14 and 16 of the Constitution, emphasizing the state's discretion in policy-m....
The main legal point established in the judgment is the need for equitable and inclusive policies to prevent the unjust exclusion of meritorious students from availing reservation benefits, especiall....
Government is not at liberty to classify the benefits available to the members of the Scheduled Caste community, for the mere reason that they have secured admission directly in the institutions mana....
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
Granting admission on the basis of recommendations alone, is certainly arbitrary and violative of Article 14 of the Constitution.
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