The obligation to repay scholarship amounts under the National Overseas Scholarship Guidelines is mandatory for awardees who return without completing their course, with no discretion for recovery by the respondents.

ORDER:

The present writ petition has been filed against a letter issued by the respondent Nos.1 and 2/Secretary to the Government of India, Ministry of Tribal Affairs on 28.10.2024 directing the petitioner to repay the scholarship amount which was disbursed to the petitioner under the National Overseas Scholarship (NOS) for Scheduled Tribe (ST) Students for a Post- Doctoral Fellowship. The impugned letter tabulates the scholarship component and the amount paid to the petitioner which is INR 15,21,651.00.

2. Learned counsel appearing for the petitioner submits that the demand for recovery has been made against the Guidelines framed by the Ministry of Tribal Affairs and that the respondent Nos.1 and 2 have a discretion in the matter of recovery of the scholarship amount awarded to the petitioner. Counsel submits that the recovery, if at all, can only be made of the unspent amounts.

3. Learned counsel appearing for the respondent Nos.1 and 2 submits that the petitioner’s failure to repay the scholarship amount would fall under Guideline 7 which contemplates cancellation of the Award.

4. Upon hearing learned counsel appearing for the parties, the only issue which falls for consideration is whether the petitioner’s case falls under Guideline 7 of the Guidelines framed by the Ministry of Tribal Affairs, Government of India pertaining to Central-Sector Scholarship Scheme of National Overseas Scholarship for Scheduled Tribe (NOS (ST)) Students.

5. Admittedly, the petitioner was awarded the scholarship by the Ministry as a recipient of the NOS (ST) for a Post-Doctoral Fellowship Research in Toronto, Canada. The petitioner returned to India after 6 months and before completing the course on the ground of the petitioner having secured a job at the Central University, Rajasthan. The petitioner would hence squarely fall within the Guideline 7 (ii) which provides for cancellation of scholarship and the recovery of the amount already paid in case the awardee returns to India without successfully completing the course for which the awardee was selected. The only exception is where the failure to complete the course is due to ill-health where the awardee would also be required to submit the certificate of the Medical Officer nominated by the Indian Mission abroad. The exception is provided under the “Note” to Guideline 7 (ii). Moreover, Guideline 8 provides that any litigation on matters arising out of the scheme in India will be subject to the sole jurisdiction of the Courts situated in Union Territory of Delhi.

6. In the present case, even without going into the jurisdiction requirement, it is clear that the petitioner would be under an obligation to return the scholarship amount paid to the petitioner in terms of Guideline 7 (ii). The argument that the respondents have discretion in the matter of recovery of the amount paid to an awardee and that the discretion was exercised improperly by the respondents is not borne out from the records before the Court. The only relaxation which the respondents may consider in the circumstances is to require the petitioner to repay the amount mentioned in the impugned notice dated 28.10.2024 in tranches or in the manner as the respondents may require. It must however be made clear that staggered repayment is not part of the Guidelines.

7. The Court does not find any merit in the writ petition for the reasons as stated above. W.P.No.34871 of 2024 is accordingly dismissed. Interim orders, if any, shall stand vacated and all connected applications are disposed of. There shall be no order as to costs.