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2017 Supreme(J&K) 627

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Mohammad Yaqoob Mir, J.
Sania Ishaq and Ors.
Vs.
Union of India and Ors.
OWP No.701/2015 c/w
Cont.No.487/2015
Decided on 7.6.2017

Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Z.A. Shah, Sr. Advocate with Mr. A. Hanan, Advocate
For the Respondent Nos.1 and 5: Mr. T.M. Shamsi, ASGI
For the Respondent No.2:Mr. Bilal A. Malla, Advocate
For the Respondent No.3:Mr. Amitash Kumar, Advocate
For the Respondent No.4: None

IMPORTANT POINT
– There is always a scope for improvement for rationalizing grant of scholarship.

Headnote:Education – Scholarship – Fact that petitioners and other students have taken admission in respondent University and they are pursuing the course is not denied – There is always a scope for improvement for rationalizing grant of scholarship but object is never to deny benefit to genuine candidates – Future of students who have been pursuing their courses in respondent University is at stake – Their bonafides are free from doubt – There is no justified cause for denying grant of scholarship. (Paras 19, 20 and 21)

       Result – Petition disposed of.

Judgment

1. Controversy for determination is as to “whether grant of scholarship in favour of petitioners (students) for having taken admission in Mewar University, Gangrar Chittorgarh, Rajasthan, during the academic session 2013-14 and 2014-15 is allowable”.

2. For appreciating the controversy in its right perspective, to notice precisely the background of the case shall be advantageous:

(I) For enhancing employment opportunities in the State of Jammu and Kashmir and for formulating the jobs plan, involving both public and private sectors, especially for the youth, vide notification dated 18th August, 2010, issued by the Government of India (Bharat Sarkar) Prime Minister’s Office, (Pradhan Mantri Karyalaya), New Delhi, an Expert Group under the Chairmanship of Dr. C. Rangarajan had been constituted. The constituted Expert Group submitted the report under the head “Report of the Expert Group to formulate a jobs plan for the State of Jammu and Kashmir”. From Chapter 9 of the report under the head “Increasing Access to Education” clauses 9.1, 9.2, 9.3 and 9.4 are relevant to be quoted:

“9.1 The recent youth turmoil in Kashmir, though political, was also in a sense indicative of alienation and possibly disappointment at the lack of opportunities in the State. On the one hand, the long years of militancy and violence have taken toll of the educational institutions in the state, especially in the valley. There has been damage to the physical infrastructure and the disturbances have also eroded the intellectual capital. On the other hand the youth have had to live with disruptions in education, which has impacted their ability to compete. The relatively better off, were able to send their children abroad or to reputed institutions within the country but others with limited means did not have this option. To increase the access of the youth to educational opportunities the Expert Group recommends four initiatives – first, a Special Scholarship Scheme for J&K, (SSS J&K) second, faculty development programmes third, a special initiative by Delhi Public School (DPS) and fourth setting up placement cell by IGNOU in Jammu and Srinagar.

9.2. The state has to make up for the lost time and lost opportunities for its youth by increasing the number of institutions of higher education in J&K. In addition, the student intake in the existing institutions must be stepped up significantly by enhancing faculty capability and positions. While this would be an appropriate medium term intervention, an immediate short term solution would be to encourage the J&K youth to take advantage of the educational institutions of higher education in the rest of the country. One way to do this is to give financial support through a special scholarship scheme for J&K. on the one hand, the scholarships would enable the youth to optimize their full academic potential and turn to productive activities, while on the other hand they would give the J&K youth an opportunity to interact with their counterparts from the rest of the country. This would address the feeling of alienation, create bonds and allow the beneficiaries to join the mainstream and become a part of the India’s growth story.

9.3. The scholarship scheme would be applicable for courses in all Government Colleges/Universities, Engineering Institutions, Medical Colleges and some select private institutions to be identified by the government on the basis of some objective criteria. This merit cum means scholarship will be available to students from J&K who get admission in these institutions through the normal selection process subject to the parental income being below Rs.4.5 lakhs per annum. However, if the demand for these scholarships exceeds supply, the selection could be made on the basis of a set criteria consisting of a combination of means cum merit. The Expert Group recommends that 5000 scholarships per annum may be awarded for the next 5 years. Out of the total, 4500 scholarships (90%) could be for g


















































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