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2018 Supreme(Del) 2657

VIBHU BAKHRU
Mohit Sharma – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Nakul Pathania, Advocate.
For the Respondent:Ms. Maninder Acharya, ASG, Mr. Sanjeev Narula, CGSC, Mr. Sahil Sood, Mr. Abhishek Ghai, Mr. Harshul Chaudhary, Mr. Viplav Acharya, Advocates.

JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioner-an Australian Citizen and an Overseas Citizen of India (OCI)–has filed the present petition, inter alia, praying that the respondent be directed to provide scholarship to the petitioner for the remainder of his undergraduate course in National Institute of Technology, New Delhi, in terms of the Scholarship Programme for Diaspora Children (hereafter ‘SPDC Scheme’). The petitioner was disbursed the grant under the SPDC Scheme for the first year of the course but has been denied the same for the second year on the ground that the petitioner’s parents are residing in India and he does not qualify the eligibility criteria under the Guidelines for the SPDC Scheme. The petitioner disputes that the aforesaid criteria is applicable. According to the petitioner, he was admitted to the benefits of the SPDC Scheme in the year 2016-17 and, therefore, the Guidelines as applicable for the said year would continue to be applicable for the full term of his undergraduate course. He further contends that being a non-resident was not a criteria for grant of scholarship under the SPDC Scheme.

2. The aforesaid controversy arises in the context of the facts as s





























































































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