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.

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 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 of Essex² for pursing a Ph.D. course in Criminology. Upon consideration of the proposed topic of research, the University forwarded an unconditional offer to the petitioner and accepted his application for post graduate study vide its communication of 28 October 2020. The petitioner, however, did not come to be included in the list of selected candidates under the NOS which was published by the respondent. This constrained him to prefer W.P.(C) 10659/2021. On 21 September 2021, Court passed the following order: -

"4. The petitioner's application has been rejected on 06.07.2021, with the noting "Marks is less than 60 %". However, the petitioner has placed on record the official transcript of his Master of Arts in Social Work [Criminology and Justice] degree from the Tata Institute of Social Sciences, Mumbai, which shows that he achieved a Cumulative Grade Point Average [CGPA] of 6.8 and a letter grade of B+. The documents annexed to the writ petition indicate that this is equivalent to 68%.

5. Ms. Arora seeks time to take instructions.

6. In view of the submission of Mr. Abhik Chimni, learned counsel for the petitioner, that the petitioner is required to report to the University on 07.10.2021, list on 29.09.2021. Ms. Arora is requested to take instructions in the meantime."

3. The writ petition ultimately came to be disposed on 29 September 2021 in the following terms:

"1. Pursuant to the order dated 21.09.2021, Ms. Monika Arora, learned Central Government Standing Counsel for the respondent- Ministry of Social Justice and Empowerment, submits upon instructions that the respondent will issue a provisional award letter in favour of the petitioner for grant of the National Overseas Scholarship ["NOS"]. The provisional award letter will be issued by 01.10.2021, and will be subject to fulfilment of the scheme conditions and guidelines.

2. In view of Ms. Arora's statement as above, Mr. Abhik Chimni, learned counsel for the petitioner, states that no further relief is required in this writ petition.

3. The writ petition is accordingly disposed of."

4. As would be evident from a reading of the aforesaid order, the respondent had agreed to grant a provisional award letter in favour of the petitioner by 01 October 2021 subject to fulfillment of the scheme conditions and guidelines. Thereafter e