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YASHWANT VARMA
Aruna Mahananda – Appellant
Versus
Ministry Of Social Justice And Empowerment – Respondent
JUDGMENT
1. The petitioner has sought issuance of appropriate directions commanding the respondent Ministry of Social Justice and Empowerment to issue the final letter of award and disburse appropriate funds under the National Overseas Scholarship1 scheme to the petitioner. By a subsequent amendment application which was moved, the petitioner has also assailed the validity of a communication dated 01 May 2022 in terms of which the prayer of the petitioner for being accorded benefits under the NOS has come to be refused. In the impugned communication of 01 May
1 NOS
2022, the respondent has taken a stand that the petitioner would be ineligible to be accorded benefits under the NOS since he would be visiting India for research purposes and that the topic of the academic program which was sought to be pursued is totally based on field work in India. The respondent has further held against the petitioner on the ground that the Guidelines framed, and which were valid for the Session 2021-22, envisaged travel to India only in case of 'exigencies'.
2. For the purposes of disposal of the instant writ petition, the following essential facts may be noted. The petitioner applied to the University
The NOS Guidelines did not exclude India-centric research topics at the relevant time, and the scheme aims to provide avenues of higher learning to marginalized students.
The guidelines of the National Overseas Scholarship cannot unjustly exclude candidates from pursuing research topics related to India, supporting access to education for marginalized groups.
The right to stay in India as a student is subject to Indian laws and the VISA Rules, and no unfettered right can be claimed by a foreign student.
A candidate selected under a scholarship scheme is entitled to benefits as per the scheme in effect at the time of application, regardless of subsequent amendments that may alter eligibility criteria....
The main legal point established in the judgment is that the actions of the respondents in withdrawing the EWS scholarship, terminating the petitioner's internship program, and rejecting her claim fo....
Eligibility for scholarship benefits must be assessed based on the scheme in effect at the time of application, not subsequent amendments.
Respondents in refusing to issue NOC for NORI Certificate is in breach of their mandatory duty and legal obligation to issue such certificate which certificate can be issued only by respondents for r....
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