$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 84/2012 ARSHAD ALI KHAN AND ORS .....Petitioners Through: Mr. Sharique Firdoushi, Adv.

versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION THROUGH ITS DIRECTOR AND ORS .....Respondents Through: Mr. Anil Soni, Sr. Adv. with Ms. Pearl Sharma, Adv. for R-1 Mr. Ripu Daman Bhardwaj CGSC for UOI Mr. Mohd Waquas, Ms. Nida, Mr.

Abdul Wahab Khan, Mr. Bilal khan, Advs. for R-2&3 CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 06.02.2026

1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:

“a. issue a writ of mandamus or any other appropriate writ/order/direction directing the Respondents to pay the scholarship to the Petitioners herein for the period 2009-10 (1^st year) and 2010-11 (2^nd Year); and b. issue appropriate writ/order/direction to the Respondents No. 2 and 3 to declare/display the result of Petitioners herein for the examinations undertaken during the year 2010-11 (2^nd year); and/or...”

2. Thebrieffactsofthecasearethatthepetitioneristhatthepetitionerafter qualifying GATE had taken admission in various Post Graduate (“PG”)

Courses, in Jamia Hamdard University in the year 2009-10.

3. All India Council for Technical Education (“AICTE”), i.e. the respondent No.1, issued an Advertisement qua ‘Call for proposals on Research & Institutional Development for Financial Assistance during 2009-10’ and as per Clause No. 7 thereof, a valid GATE scorer was eligibleforscholarshipamountattherateofRs.8000/-(allinclusive)per month on merit provided he/she gets admission in AICTE approved PG programme in a technical institution.

4. Since the petitionersdid not get the said scholarship,the fee couldnot be deposited. As a result the respondent Nos. 2 and 3 have withheld the results of petitioners till date. Hence, the present petition has been filed.

5. Mr. Soni, learned senior counsel for respondent No. 1, draws my attention to the counter-affidavit filed by respondent Nos. 2 and 3 which read as under:

“relief prayed for is primarily based on the Scheme formulated by All India Council for Technical Education (for short AICTE) for development of PG Education and Research. The said Scheme envisages payment of Scholarship to students who were pursuing PG Education and Research and have qualified GATE Examination. So far as the petitioners are concerned, who are 20 in number, they had taken admission in M. Pharma Course, which is a Post Graduate Course In Respondent Nos. 2 and 3 Institute i.e. Jamia Hamdard. This admission was based on entrance examination conducted by the respondent university for The M. Pharma course has the academic years 2009-10 different disciplines i.e.

1. Pharmaceutical Chemistry

2. Pharmaceutics 3. Pharmacology

4. Pharmacognosy & Phytochemistry

5. Pharmacy Practice 6. Quality Assurance

7. Pharmaceutical Biotechnology

8. Pharmaceutical Analysis The eligibility for Scholarship is that the applicant must have undergone courses which is approved by AICTE and have GATE score.

In the Academic Session 2009-2010, the first four disciplines of M. Pharma Course were approved by AICTE.

Accordingly, those students who have secured admission in the aforementioned disciplines having GATE scores, subject to merit, were given scholarship of Rs.8,000/- per month by AICTE In terms of the Prospectus issued by Respondent University for the academic sessions 2009-2010 it was made clear that only 26 GATE Scholarships are available for M. Pharma students. The distribution of scholarship will be made as per GATE/UCG norms of the admitted students for four disciplines i.e.

1. Pharmaceutical Chemistry

2. Pharmaceutics 3. Pharmacology

4. Pharmacognosy & Phytochemistry The photocopy of the relevant page of the Information Bulletin and Prospectus 2009-2010 is annexed as Annexure-R-1.

From this it is seen that for the academic sessions 2009-2010onlystudentstakingadmissionintheaforesaid four disciplines were entitled to GATE scholarship.

Since the petitioners took a