W.P.(C) 6839/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment reserved on: 26 August 2022

Judgment pronounced on: 31 August 2022

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W.P.(C) 6839/2022 & CM APPL. 23747/2022

ARUNA MAHANANDA

..... Petitioner

Through:

Mr.Abhik

Chimni,

Mr.Animes

Prusty

and

Ms.Shardha

Sondhi,

Advs.

versus

MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

..... Respondent

Through:

Ms.Monika Arora, SC for R-1.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

J U D G M E N T

1.

The petitioner has sought issuance of appropriate directions

commanding the respondent Ministry of Social Justice and Empowerment

to issue the final letter of award and disburse appropriate funds under the

National Overseas Scholarship¹ scheme to the petitioner. By a

subsequent amendment application which was moved, the petitioner has

also assailed the validity of a communication dated 01 May 2022 in terms

of which the prayer of the petitioner for being accorded benefits under the

NOS has come to be refused. In the impugned communication of 01 May

1 NOS

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003348

W.P.(C) 6839/2022

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2022, the respondent has taken a stand that the petitioner would be

ineligible to be accorded benefits under the NOS since he would be visiting

India for research purposes and that the topic of the academic program

which was sought to be pursued is totally based on field work in India. The

respondent has further held against the petitioner on the ground that the

Guidelines framed, and which were valid for the Session 2021-22,

envisaged travel to India only in case of “exigencies”.

2.

For the purposes of disposal of the instant writ petition, the following

essential facts may be noted. The petitioner applied to the University of

Essex² for pursing a Ph.D. course in Criminology. Upon consideration of

the proposed topic of research, the University forwarded an unconditional

offer to the petitioner and accepted his application for post graduate study

vide its communication of 28 October 2020. The petitioner, however, did

not come to be included in the list of selected candidates under the NOS

which was published by the respondent. This constrained him to prefer

W.P.(C) 10659/2021. On 21 September 2021, Court passed the following

order: -

“4. The petitioner’s application has been rejected on 06.07.2021, with the

noting “Marks is less than 60 %”. However, the petitioner has placed on

record the official transcript of his Master of Arts in Social Work

[Criminology and Justice] degree from the Tata Institute of Social

Sciences, Mumbai, which shows that he achieved a Cumulative Grade

Point Average [CGPA] of 6.8 and a letter grade of B+. The documents

annexed to the writ petition indicate that this is equivalent to 68%.

5. Ms. Arora seeks time to take instructions.

2 University

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003348

W.P.(C) 6839/2022

Page 3 of 11

6. In view of the submission of Mr. Abhik Chimni, learned counsel for

the petitioner, that the petitioner is required to report to the University on

07.10.2021, list on 29.09.2021. Ms. Arora is requested to take

instructions in the meantime.”

3.

The writ petition ultimately came to be disposed on 29 September

2021 in the following terms:-

“1. Pursuant to the order dated 21.09.2021, Ms. Monika Arora, learned

Central Government Standing Counsel for the respondent- Ministry of

Social Justice and Empowerment, submits upon instructions that the

respondent will issue a provisional award letter in favour of the petitioner

for grant of the National Overseas Scholarship [“NOS”]. The provisional

award letter will be issued by 01.10.2021, and will be subject to

fulfilment of the scheme conditions and guidelines.

2. In view of Ms. Arora’s statement as above, Mr. Abhik Chimni, learned

counsel for the petitioner, s