Nagpur: The Nagpur bench of the Bombay High Court has struck down the clause in the government proposal that removed the income criteria for foreign scholarships, and emphasized that the original intention of the scholarship to support backward students remains intact. should be kept. Must be protected.
A division bench of Justices Avinash Gharote and M S Jawalkar delivered the verdict on Wednesday, noting that by striking down section D(2) of the GR issued by the Maharashtra government on June 27, 2017, it seeks to correct the imbalance in scholarship distribution And ensure fairness. Wants to maintain. Access to educational opportunities.
Clause D (2) exempts students seeking admission to top 100 QS World University Rankings institutions from the income criteria, giving economically weaker students an advantage over economically disadvantaged candidates, thereby distorting the objective of the scheme .
The decision came in response to a writ petition filed by Mayur Sangharakshi Patil, a 28-year-old student from Nagpur, in which he spoke about inequities in scholarship distribution based on income limit. Patil belongs to the Scheduled Caste (SC) category. , opposed the clause on the grounds of unfairness, highlighting its adverse impact on economically disadvantaged students.Patil said that he has been selected for an educational program at Duke University (USA), but banks are not willing to give loans due to his financial inability, thereby depriving him of his right to education.
This scheme can be availed by students who are financially stable and can afford to pursue education abroad. Their annual family income is Rs 2,78,000, which puts them in the low income group, he said.
The petitioner also submitted information related to the income of the students and their parents. The court said that the information provided paints a very disappointing picture of students whose parents have adequate income and who are in good standing, have been given the benefit of the scholarship.Which defeats the very purpose for which this scheme was implemented. To provide scholarships to individuals who cannot afford higher education abroad.
The court's investigation revealed the anomaly caused by Section D(2), which exempted students seeking admission to the top 100 QS world ranking institutions from the income criteria. It said that due to this relaxation, economically stable students got an advantage over economically disadvantaged candidates, thereby distorting the objective of the scheme.
Additionally, the court took note of the government's inconsistent stand on income tax norms, which were revised due to factors such as COVID-19.Despite discussion on the proposal to amend the maximum household income of Rs 8 lakh, a formal amendment was enacted, leaving the 2017 proposal intact. The judgment emphasized the need to preserve the original intent of the scholarship, which is to assist backward caste students in pursuing higher education. By striking down section D(2), the Court aims to correct the imbalance in scholarship distribution and maintain fairness in access to educational opportunities.
The court directed the authorities to re-evaluate Patil's scholarship application within two weeks considering the implications of the judgment.
A division bench of Justices Avinash Gharote and M S Jawalkar delivered the verdict on Wednesday, noting that by striking down section D(2) of the GR issued by the Maharashtra government on June 27, 2017, it seeks to correct the imbalance in scholarship distribution And ensure fairness. Wants to maintain. Access to educational opportunities.
Clause D (2) exempts students seeking admission to top 100 QS World University Rankings institutions from the income criteria, giving economically weaker students an advantage over economically disadvantaged candidates, thereby distorting the objective of the scheme .
The decision came in response to a writ petition filed by Mayur Sangharakshi Patil, a 28-year-old student from Nagpur, in which he spoke about inequities in scholarship distribution based on income limit. Patil belongs to the Scheduled Caste (SC) category. , opposed the clause on the grounds of unfairness, highlighting its adverse impact on economically disadvantaged students.Patil said that he has been selected for an educational program at Duke University (USA), but banks are not willing to give loans due to his financial inability, thereby depriving him of his right to education.
This scheme can be availed by students who are financially stable and can afford to pursue education abroad. Their annual family income is Rs 2,78,000, which puts them in the low income group, he said.
The petitioner also submitted information related to the income of the students and their parents. The court said that the information provided paints a very disappointing picture of students whose parents have adequate income and who are in good standing, have been given the benefit of the scholarship.Which defeats the very purpose for which this scheme was implemented. To provide scholarships to individuals who cannot afford higher education abroad.
The court's investigation revealed the anomaly caused by Section D(2), which exempted students seeking admission to the top 100 QS world ranking institutions from the income criteria. It said that due to this relaxation, economically stable students got an advantage over economically disadvantaged candidates, thereby distorting the objective of the scheme.
Additionally, the court took note of the government's inconsistent stand on income tax norms, which were revised due to factors such as COVID-19.Despite discussion on the proposal to amend the maximum household income of Rs 8 lakh, a formal amendment was enacted, leaving the 2017 proposal intact. The judgment emphasized the need to preserve the original intent of the scholarship, which is to assist backward caste students in pursuing higher education. By striking down section D(2), the Court aims to correct the imbalance in scholarship distribution and maintain fairness in access to educational opportunities.
The court directed the authorities to re-evaluate Patil's scholarship application within two weeks considering the implications of the judgment.
