Universities have the right to set reasonable criteria for scholarship continuation, and scholarship benefits can be withdrawn if students fail to meet academic standards and engage in misconduct.

Mr. Darshan Singh, J.

The appellant is aggrieved with the judgment/order dated 11.05.2016 passed by the learned Single Judge vide which the Civil Writ Petition bearing no. 17583 of 2015 filed by him has been dismissed.

2. In the writ petition, he has sought quashing/declaring illegal and arbitrary the impugned Communication dated 11.03.2015 and Eviction notice dated 19.08.2015, whereby the scholarship awarded to the appellant has been cancelled and he has been directed to leave the University campus in case of non-deposition of fee of Rs. 97,500/-. Further relief has been sought for issuance of a direction to respondent no.2 to consider and continue the registration of the appellant in the course of B. Tech (Mech.) on the same terms/scholarship on which he was admitted i.e. by waiving the complete tuition fee.

3. We have heard the learned counsel for the parties and carefully gone through the paper book.

4. Initiating the arguments, learned counsel for the appellant contended that there was no criteria for continuation of the scholarship at the time of admission. The only condition put-forward by the respondent-University for grant of scholarship was the academic performance of the candidates in the qualifying course or the rank obtained in JEE (Main). The University has illegally introduced the criteria for continuation of scholarship in between the course. The framing of such criteria during the course of studies is arbitrary and is barred by principle of estoppel. The respondent-University has taken the undue benefit of its controlling powers. The respondent-University has also illegally imposed the condition that in case of withdrawal of admission by any student during the Degree Programme, he will be liable to return the entire scholarship/stipend awarded by it, which reflects the mala fide intention of the University.

5. He further contended that the appellant belongs to a poor financial background and will not be able to pay the expensive fee structure of the respondent-University. The career of the appellant shall be spoiled. Thus, he contended that the action of the respondent-University and the impugned judgment/order passed by the learned Single Judge are not sustainable in the eyes of law.

6. On the other hand, learned counsel for the respondent no.2 contended that the University has rightly framed the criteria for continuation and retention of the scholarship. The performance of the appellant was not only bad in academics but also in other spheres. He indulged in drinking and smoking in the campus and also use the mobile phone for unfair means. So, he was not entitled for the scholarship.

7. We have duly considered the aforesaid contentions.

8. The appellant was admitted to B. Tech (Mech.) in respondent no.2- University. The appellant was offered scholarship (Plan-1) to cover 100% tuition fee in view of the rank obtained by him in JEE (Main). The appellant has challenged the communication dated 11.03.2015 vide which he was informed that scholarship offered to him has been cancelled and the Notice of Eviction dated 19.08.2015 on the grounds that at the time of admission, he was made to believe that scholarship will be granted only on the basis of rank obtained in JEE (Main) and the said scholarship will cover 100% tuition fee till the end of the course from 2014-2018. The later criteria/condition framed by the University for continuation of the scholarship is alleged to be illegal and arbitrary.

9. There can be no dispute that the object of awarding scholarship to the meritorious students is to achieve the highest academic performance during the course. The criteria for continuation and retention of scholarship framed by the respondent-University on the basis of continuous performance of the student and discipline does not seems to be unreasonable or arbitrary. The appellant has very much signed the said criteria for continuation and retention of scholarship of students in B.Tech Degree Programme on 03.08.2015. Th