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2026 Supreme(Online)(Raj) 15669

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sanjeev Prakash Sharma, ACJ, Shubha Mehta, J
Aditya Sharma – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Special Appeal (Writ) No.166/2026



Advocates:
For the Appellants/Petitioners: Aditya Sharma
For the Respondents: S.S. Naruka, Chinmay Saxena, Ritika Naruka

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 disbursement, and do not prohibit changes requested prior to the commencement of the course.

Headnote:The case concerns the interpretation of the Swami Vivekanand Scholarship for Academic Excellence Scheme, specifically regarding conditions for university and course changes under Clause 13 (xiv) and (xv). The student was repeatedly thwarted from joining his intended foreign university programs due to administrative delays and visa issues. The respondent-authority denied the scholarship claiming the student had exhausted the permissible limit for changing his course and university. The core issue is whether the restrictions on changing universities and courses under Clause 13 apply to a student who has not yet commenced their studies or received the scholarship funds. The court reasoned that the restrictive clauses in the scheme are meant to regulate students currently availing scholarship benefits and cannot be used to penalize a candidate before they have even commenced enrollment or utilized any financial assistance. The appeal is allowed, the order of the Single Judge is set aside, and the State Government is directed to release the scholarship amount to the student.

Table of Content
1. overview of scholarship scheme facts and administrative events. (Para 1 , 2 , 3 , 4)
2. parties' contentions regarding eligibility and administrative inaction. (Para 5 , 6 , 7)
3. judicial interpretation of scholarship clauses restricted to active students. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)

[2026:RJ-JP:20977-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No.166/2026 In S.B. Civil Writ Petition No.19560/2025 Aditya Sharma, Son of Shri Brij Bhushan Sharma, Aged About 22 Years, Resident of Urban, Aditya School, Sogariya Main Road, Sogariya, Near Petrol Pump, Kota-North India, Ward No. 10, Kota, Rajasthan-324002.

----Appellant (Party in person)

Versus

1. State of Rajasthan, through the Principal Secretary, Department of College Education, Secretariat, Jaipur.

2. Commissioner, College Education, Government of Rajasthan, Commissionerate of College Education, Block-

4, RKS Sankul, JLN Road, Jaipur-302015.

3. Joint Director (SVS), College Education, Government of Rajasthan, Commissionerate of College Education, Block-

4, RKS Sankul, JLN Road, Jaipur-302015.

4. Deputy Secretary, Higher Education (Group-3)

Department, Government of Rajasthan, Secretariat, Jaipur.

----Respondents Appellant : Mr.Aditya Sharma, present in person For Respondent(s) : Mr.S.S. Naruka, AAG with Mr.Chinmay Saxena, AGC &

Ms.Ritika Naruka, AAAG HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SHUBHA MEHTA

JUDGMENT

Date of conclusion of Arguments : 30/04/2026 Date on which judgment was reserved : 30/04/2026 Whether the full judgment or only the operative part is pronounced : Full judgment

Date of pronouncement : 20th/05/2026

(Per Hon’ble the Acting Chief Justice):-

1. The appellant has appeared in person before us and he challenges the order passed by the learned Single Judge dated 13.01.2026, whereby, the writ petition preferred by him was disposed of.

2. Brief facts which need to be noticed for the purpose of disposal of the present appeal are that the State Government had noted the Swami Vivekanand Scholarship for Academic Excellence Scheme in May, 2024 with the sole purpose to encourage advance studies to brilliant meritorious students in the country as well as abroad in various universities and institutions. As per the Scheme, 300 students have been chosen for studying abroad and 200 students were to be granted the scholarship in the country. As per the Scheme, merit was to be calculated and Selection Committee would select the concerned students who were to be awarded scholarship. Three different categories of students were to be earmarked belonging to E1 Category, E2 Category and E3 Category based on the total annual income of the students’ parents. As per Clause 13 of the Scheme, several conditions for grant of scholarship were laid down. For the purpose of the present case, the following conditions deserve to be noticed:-

13. छातवृतत के तलए अन अतनवारर शरर (iv) ववशववदालय/ संसान दारा वनरार रत Summer/winter/Easter break के दौरान अभरर को राजसान सरकार दारा रखरखाव भता

पावरान 10(i) के अनुसार देय होगा।

(iv) During the Summer/Winter/Easter breaks determined by the University/Institute, the candidate shall be payable a maintenance allowance by the Government of Rajasthan in accordance with the provision 10(i).

(v) छातवृवत के दौरान ववदारर को समननत देश के सभी वनयमों कानूनों का पालन करना होगा। ववदारर का ऐसा कोई कृ त जो वहाँ के पचवलत कानूनो ं के ववपरीत / उलंघन का होगा उसकी समस वजमेदारी ववदारर की सयं की होगी। इसके अनगरत अपकृ त/आपरावरक कृ त व वसववल कानूनो ं की अवहेलना आवद सभी तरह के कृ त शावमल होगं े। यवद ववदारर दारा ऐसा कोई कृ त वकये जाने पर वकसी पकार की ववतीय देयता उतन होती है तो उसके भुगतान की समस वजमेदारी / दावयत ववदारर का होगा।

(v) During the scholarship period, the student must comply with all rules/laws of the respective country. The student shall bear sole responsibility for any act committed by them that is contrary to, or constitutes a violation of, the prevailing law

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