IMPORTANT POINT
The discretion of the State Governments and Union Territory Administrations in implementing the Central Government Scheme for Post Matric Scholarship is paramount, and the Court cannot interfere with the policy domain of the State.

JUDGMENT :

K. VINOD CHANDRAN, J.

1. The writ petition is filed, as a Public Interest Litigation, to direct the respondent Nos. 4 to 7 to implement Clause 8 of Annexure-2 Guidelines, which is a scheme for Post Matric Scholarship to the students belonging to the Scheduled Caste for studies in India. The Guideline is for implementation of the scheme between 2020-21 to 2025-26 and is issued by the Government of India. Clause 8 of the Guidelines deals with issuance of Freeship Cards as defined under Clause 3(g). It is also alleged that without fully implementing the Guidelines issued by the Central Government, the State of Bihar has issued Annexure-8 whereby the maximum amount of Post Matric Scholarship, including tuition fees and other non-refundable fees payable to eligible beneficiaries under the Scheme, has been arbitrarily limited and in many instances not implemented.

2. A writ petition was filed earlier for the same relief, which was disposed of by Annexure-1 permitting the petitioner to withdraw the same and file a fresh petition with better particulars.

3. We have to immediately notice that the Guideline is for implementation of a Scheme framed by the Central Government; which is not statutory in nature and there is no mandate on the State Government to implement it; especially if better schemes are available for the targeted category. If the scheme is implemented, there is a sharing of the financial liability by the Centre and the State at 60:40. The objective of the Scheme is to increase the gross enrollment ratio of the scheduled caste students in higher education, with a focus on those from the poorest households and the awardees are selected by the State Government/ Union Territory to which the applicant actually belongs. The role of the State Governments, as per the Scheme, is to adopt a methodology suitable to the local conditions for identification of students and to additionally make special efforts to identify the poorest households from various sources so as to enroll the eligible students under the Scheme in a mission mode. The funding pattern of the Scheme, as noticed above, will be in the ratio of 60:40 for the initial three year period between the Centre and the States with 5% overall annual increase each year; which will also be enabled Central assistance in the very same ratio.

4. Specifically paragraph 10.3 has to be noticed, which is extracted herein-below:

“10.3. All the State Governments and Union Territory Administrations implementing the scheme will maintain the data of all the beneficiaries on their online portal and will distinctly mention the amount of scholarship under various components as mentioned in the Scheme.”

The above provision clearly indicates that there is an option on the State Governments and Union Territory Administrations for implementing the Scheme and the Guidelines are applicable only if it is implemented.

5. The learned Government Advocate specifically drew our attention to the counter affidavit dated 09.02.2023 filed on behalf of the 6th Respondent. It is pointed out that the Guidelines for implementation of the Scheme also creates liability on the respective State Governments/Union Territories with respect to the actual expenditure; for which provision has to be made in their respective budgets. Even as per the Guidelines at Annexure-2, the Central Government and the State Government shares the liability on a 60:40 ratio with only a 5% overall annual increase being borne by the Central Government. Hence, any additional liability will have to be borne by the State Government. It is pointed out that different institutes were charging different fees for the same course and there was a requirement to rationalise the fee structure, which has been done with a proper approval of the competent authority i.e. the State Cabinet and upper ceiling of the scholarship of Scheduled Caste and Scheduled Tribe students was prescribed for the financial year 2015-16. A similar writ petition, being CWJC