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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIBHU BAKHRU, J.
Mohit Sharma - Petitioner
Versus
Union of India - Respondent
W.P.(C) 4746 of 2018
Decided On : 24-08-2018
Scholarship - Eligibility Criteria - 2016-17 SPDC Guidelines - Clause 2, 4 - The court discussed the eligibility criteria under the 2016-17 SPDC Guidelines and concluded that the scheme was applicable to NRIs and PIOs from 66 selected countries, without stipulating that a PIO should be a resident of overseas. The court also found that the FAQs could not qualify or restrict the eligibility criteria expressly set out under the 2016-17 SPDC Guidelines.
Fact of the Case:
The petitioner, an Australian Citizen and OCI, sought scholarship under the SPDC Scheme for his undergraduate course in NIT Delhi. The respondent denied the scholarship for the second year, citing eligibility criteria.
Finding of the Court:
The court found that the 2017-18 SPDC Guidelines were not applicable to the petitioner and that the denial of scholarship based on the 2017-18 Guidelines was not sustainable. The court concluded that the petitioner was eligible for the scholarship under the 2016-17 SPDC Guidelines.
Issues: The main issue was whether the petitioner was eligible for the scholarship under the SPDC Scheme, and whether the eligibility criteria were correctly applied by the respondent.
Ratio Decidendi: The court held that the SPDC Scheme was applicable to NRIs and PIOs from 66 selected countries, without stipulating that a PIO should be a resident of overseas. The court also found that the FAQs could not qualify or restrict the eligibility criteria expressly set out under the 2016-17 SPDC Guidelines.
Final Decision: The petition was allowed, and the respondent was directed to disburse the scholarship to the petitioner under the SPDC Scheme, subject to the petitioner qualifying the criteria as set out in Clause 8 of the 2016-17 SPDC Guidelines.
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 set out below:-
2.1 In 2001, the Central Government (Ministry of Human Resource Development – hereafter ‘MoHRD’) launched a scheme named “Direct Admission of Students Abroad” (hereafter ‘DASA Scheme’) in a bid to offer admission to Foreign Nationals and Non Resident Indians to undergraduate programs in foremost technical institutions of the country. MoHRD issues the guidelines for every academic year, which lay down the eligibility and other criteria for the prospective candidates.
2.2 The Central Government (Ministry of External Affairs) also launched a scholarship programme named SPDC Scheme – “Scholarship Programme for Diaspora Children” – in 2006 for providing scholarships to the students selected for different courses under DASA Scheme. The SPDC Scheme was launched to assist the children of Persons of Indian Origin (PIOs) and Non-Resident Indians (NRIs) in pursuing undergraduate courses in various Indian Institutions.
2.3 The petitioner shifted to India with his family in April 2015 and completed his high school (Standard XII) in 2016 in New Delhi. In 2016, the petitioner secured admission in National Institute of Technology, New Delhi (hereafter ‘NIT Delhi’) under the DASA Scheme. It is pertinent to mention that the petitioner was also offered admission in the University of New South Wales, Australia for undertaking the Bachelor of Engineering (Hons.)(Computer) Course. He was also offered a subsidy (on enrolment for the aforesaid course) under a scheme known as “Commonwealth Supported Place” (HECS-HELP). Under this scheme, a part of the petitioner’s fees was to be paid by the Australian Government. The petitioner, after considering his options in relation to the available courses and the respective scholarship schemes, decided to pursue his undergraduate course from NIT Delhi.
2.4 The petitioner applied for the scholarship under the SPDC Scheme for the academic year 2016-17. He was awarded the said scholarship and the same was intimated to him by a confirmation mail dated 30.01.2017.
2.5 On 29.06.2017, an amount of Rs. 2,64,000/- was remitted to NIT Delhi, as the scholarship amount awarded to the petitioner for the academic year 2016-17. Thereafter, the petitioner sent a communication dated 12.09.2017 enquiring about the timeline and procedure for the disbursement of the scholarship amount for the second year (academic year 2017-18) of his studies. In reply, the petitioner was asked to submit his mark sheet for the first year for processing the scholarship, which was duly supplied by the petitioner.
2.6 On 02.04.2018, the petitioner was informed that he was not eligible for the scholarship for the academic year 2017-18 in terms of Clause 4.1(f) of the guidelines–the 2017-18 SPDC Guidelines. The said Clause provides that “Children of PIO/OCI/NRI who ha
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