Educational assistance cannot be denied to students in recognized private institutions based solely on location if training is unavailable locally.

JUDGMENT :

Sushrut Arvind Dharmadhikari, J.

The present intra-Court Appeals under Section 5 of the Kerala High Court Act 1958 assails the judgment dated 17.12.2021 passed in W.P.(C) No.27106/2021 and the order dated 28.09.2022 in Review Petition No.809/2022 in W.P.(C) No. 27106/2021 whereby the learned Single Judge allowed the writ petition filed by the respondent herein, and dismissed the Review Petition filed by the State.

2. Though both the Writ Appeals arise out of the same issue, in W.A. No. 1634/2022, the appellants have challenged the judgment dated 17.12.2021 passed in W.P.(C) No. 27106/2021, whereas in W.A. No. 11/2023, the appellants have challenged the order passed in R.P. No. 809/2022 in W.P.(C) No. 27106/2021.

Facts

3. The brief facts of the case are that the respondent is a member of the Scheduled Caste Community. He had undergone Civil Pilot License Course and Training in the State of Kerala on a Single Engine Aircraft.

Since there is no training facility on a Multi Engine non-jet aircraft in the State of Kerala, the respondent had to undergo the said training at Madhya Pradesh Flying Club Limited, Indore, which is duly approved by the Director General of Civil Aviation. He had to incur a total cost of Rs.5,45,250/- towards training fee. The respondent, thereafter, completed the training successfully. However, the appellants herein did not sanction the scholarship towards course fee to the respondent. 3.1 The respondent made an application under the RTI Act. Vide Ext.P9 it was informed that the Multi Engine Training course educational concession could not be granted for the reason “ ‘Multi Engine training’ is not a training course eligible for State Government educational benefits (G.O.(P) 50/2009/SCSTDD, dated 02.07.2009) or Central Government Scholarship as per Government of India guidelines”.

4. Aggrieved, the respondent approached this Court in W.P.(C) No.27106/2021. The learned Single Judge by judgment dated 17.12.2021 allowed the writ petition and passed the following:

“10. Ext.P2 G.O provides that educational concession will be granted to students of a course which is not available in Kerala. The fact that there is no facility for Multi Engine Course and Simulator Training in Kerala, is not disputed. The respondents have given educational assistance to another candidate belonging to Scheduled Caste in the Bhuvaneshwar Government Aviation Training Institute. The petitioner underwent Civil Pilot License Course and Training from an Institute in Kerala. He has completed Single Engine Training from Kerala. It is only because the Multi Engine Course and Simulator Training, is not available in Kerala that the petitioner had to join the Madhya Pradesh Flying Club Limited. The Madhya Pradesh Flying Club Limited is an Institution recognised by the Director General of Civil Aviation. There is no material on record to conclude that scholarship/educational assistance is not payable if the course is in a recognised private institution.

11. In such circumstances, this Court find that there is no justification for denying educational assistance to the OF petitioner for the Multi Engine Training Course and Simulator Training. Therefore, the respondents are directed to sanction and disburse the scholarship/educational assistance to the petitioner for having undergone the Multi Engine Training Course and Simulator Training in Madhya Pradesh Flying Club Limited, within a period of two months.”

Appellants’ submission

5. The learned Special Government Pleader for the appellants contended that a bare perusal of Ext.P2, which is a comprehensive guideline dated 02.07.2009 for the grant of educational allowances to SC/ST/OE