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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dinesh Mehta, J.
Nikhil Purohit S/o Sh. Yogendra Kumar Purohit - Petitioner
Vs.
State Of Rajasthan, Through Secretary, Department Of College Education, Dr. S. Radhakrishnan Shiksha Sankul, Jaipur Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 5633/2024
Decided On : 11-07-2024
Scholarship - Rajiv Gandhi Scholarship for Academic Excellence - Sections 6, 8 - The court interpreted the provisions of the RGS Scheme, emphasizing that eligibility for scholarships should be based on the scheme in effect at the time of application, not subsequent amendments, thus ensuring the petitioner's rightful claim was honored.
Fact of the Case:
The petitioner, a graduate from a prestigious law school, applied for a scholarship under the RGS Scheme after being accepted into a postgraduate program at Cambridge University. He received partial funding but was denied the remaining amount based on an amendment to the scheme that occurred after his application.
Finding of the Court:
The court found that the petitioner was entitled to the full benefits of the RGS Scheme as it existed at the time of his application, rejecting the state's reliance on a later amendment to deny his claim.
Issues: Whether the petitioner was entitled to the full scholarship amount under the RGS Scheme as it existed at the time of his application, despite subsequent amendments.
Ratio Decidendi: The court held that once a candidate is selected under the RGS Scheme, their eligibility for benefits should be determined based on the provisions in effect at the time of application, not on later amendments.
Result: The court quashed the denial of the scholarship and directed the state to determine the amount payable based on the original scheme.
JUDGMENT :
Dinesh Mehta, J.
1. Instant case is an egregious example of typical mindset of the executives or the State officials, who project and propagate the benefits being offered to the public from one hand and use their pen in the other hand to ensure that those benefits do not reach them.
2. This Court is constrained to observe so, having confronted with the startling facts of this case, wherein a bright student having completed his graduation - B.A. LLB (Hons.) from National Law School, Bangalore went to Cambridge (U.K.) for his post graduation and now he has to approach this Court to prove his point, rather than to vindicate his stand.
3. Having vied for admission in Post Graduation Course in the prestigious Cambridge University, UK, the petitioner was fortunate to get admission. It may not be out of place to mention that considering his merit, the Cambridge University exempted his tuition fee and accordingly, he was supposed to bear other expenses only and not the tuition fee.
4. The petitioner received offer letter for admission from Cambridge University, U.K. on 19.08.2021 and went to UK on 22.09.2021, whereafter his course commenced on 01.10.2021.
5. In the meantime, the petitioner came to know that the State of Rajasthan has promulgated a scheme known as Rajiv Gandhi Scholarship for Academic Excellence (hereinafter referred to as ‘RGS Scheme’), under which, the meritorious students have been offered scholarship for higher education abroad.
6. The petitioner applied for scholarship under the RGS Scheme on 03.11.2021 claiming a sum of Rs. 12,68,267/-.
7. Processing petitioner’s application on 19.04.2022, the State disbursed a sum of Rs.64,232/- in petitioner’s account by way of NEFT, while he was studying in Cambridge University.
8. The petitioner completed his post graduation course on 28.06.2022 and came back to India and started pursuing his career as a lawyer in New Delhi.
9. After returning from U.K., the petitioner contacted and wrote to the respondents to make payment of the balance amount out of his claim of Rs.12,68,267/-. A series of letter and e-mails were exchanged between the petitioner and the Officers of the State and finally vide communication dated 27.02.2023, Joint Director (Academic) of the Commissionerate, College Education informed the petitioner that he was entitled only for tuition fee as per his family income and thus, nothing remained to be paid. Resultantly, petitioner’s claim of scholarship of Rs.12,68,267/- stood rejected.
10. Mr. Deepak Vyas, learned counsel for the petitioner submitted that the respondents have proceeded arbitrarily and as against petitioner’s claim of Rs.12,68,267/-, they have paid a paltry sum of Rs.64,232/-, on the pretext that he is entitled for tuition fee only and not for other claims.
11. Learned counsel argued that so far as tuition fee is concerned, the Cambridge University itself had granted scholarship and the petitioner had applied under the Scheme to get other amount of his expenses relating to study abroad. He added that while applying under the RGS Scheme, every fact was made known to the respondents and the amount of tuition fee was not even claimed. He clarified that the entire claim of the petitioner was for amount other than the tuition fee, which were admissible in the Scheme, and for such purpose, he navigated the Court through the Scheme and related documents on record.
12. Learned counsel contended that going by the RGS Scheme notified on 05.10.2021, a student was eligible not only for tuition fee but also for other amounts such as annual maintenance allowance; annual contingency and equipment allowance; visa fees; tuition fee; medical insurance premium; cost of air passage, revision of rates, etc.
13. Mr. Vyas submitted that as per the reply, the respondents have confined petitioner’s claim or rejected his claim for other amounts, citing that – permissible amount being a sum of Rs.64,232/- has been paid. He submitted that the same has been done in view of the p
Eligibility for scholarship benefits must be assessed based on the scheme in effect at the time of application, not subsequent amendments.
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....
Restrictions on changing courses and universities under a scholarship scheme, which allow only one such change, apply only to students who have already commenced their studies and scholarship disburs....
Educational institutions can claim fee reimbursement when scholarship payments are improperly withheld, regardless of student actions.
The main legal point established in the judgment is the obligation of the college to pay stipend to postgraduate students as per regulations, and the requirement for the petitioner to comply with the....
Continuous capital gains from ancestral property cannot be excluded when assessing eligibility for scholarships aimed at financially needy students, reflecting a strong financial background.
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