Bombay High Court
Mayur Sanghrakshit Patil vs State Of Maha., Thr. Secy., Ministry Of ... on 8 May, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:5541-DB
Judgment 1 901wp4056.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4056/2023
Shri Mayur Sanghrakshit Patil,
Aged about 28 years, Occ. Student,
R/o. 1794, Umred Road, Bahadura,
Near Navnath Mandir, Bahadura,
Nagpur 441 204
.... PETITIONER(S)
// VERSUS //
(1) State of Maharashtra,
Through its Secretary,
Ministry of Social Justice
and Special Assistance Department,
Mantralaya, Mumbai 32
(2) The Commissioner,
Social Justice and Special
Assistance Department,
Commissioner of Social Justice Office,
3 Church Road, Pune 411 001
.... RESPONDENT(S)
∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞
Mr. P.R. Agrawal, Advocate for the Petitioner(s)
Mr. N.R. Patil, AGP for the Respondent(s)/State
∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞
CORAM : AVINASH G. GHAROTE &
SMT. M.S. JAWALKAR, JJ.
Sahare/Ansari
Judgment 2 901wp4056.23.odt
CLOSED FOR JUDGMENT ON :- APRIL 24, 2024
JUDGMENT PRONOUNCED ON :- MAY 8, 2024
JUDGMENT :
- (PER: SMT. M.S. JAWALKAR, J.)
1. RULE. Rule made returnable forthwith. Heard finally
by consent of learned Counsel for the respective parties.
2. The Petitioner belongs to Scheduled Caste Category.
The annual family income of the Petitioner is Rs.2,78,000/-. The
Respondent No. 2 Commissioner Social Justice and Special
Assistance Department, issued an advertisement for Scheduled
Caste male and female students for foreign education under the
Scheme named and styled as Rajarshi Shahu Maharaj Scholarship
Scheme (hereinafter referred to as "the said Scheme") for Session
2023-24 published on 17/05/2023. The Petitioner has passed
Bachelors of Computer Application examination. Earlier in 2003,
only 10 students had been granted benefit of the said Scheme,
however, thereafter considering the number of eligible
candidates, number of persons entitled to benefit is increased to
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Judgment 3 901wp4056.23.odt
75. The income criteria has been fixed by the Government of
Maharashtra, so that the persons belonging to low income belt
can get benefit of the said Scheme. The income criteria, which
was Rs. 6,00,000/- per annum earlier was retained, as is indicated
from Clause D(1) of the GR dated 27/06/2017 (Page 33), by
which all the earlier GRs in that regard were superseded,
however, by introduction of Clause D(2) in the aforesaid GR
dated 27/06/2017 for students taking admission in QS World
Ranking Top Hundred Foreign Institutions, the income criteria
was done away with the GR dated 27/06/2017, is the one, which
holds the field as on date, which is the admitted position, as per
the contentions by the learned counsel for the petitioners and the
respondents.
3. Learned Counsel for the Petitioner submits, that as
income limit is removed, the students having high economic
standards are also seeking & being granted benefit of the said
Scheme, because of which, the students belonging to low income
Sahare/Ansari
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category are deprived of their rights to seek the benefit of the
Scheme even after qualifying the examination with good marks.
3.1. It is contention of the Petitioner that the said Scheme
was drawn up, to benefit economically deprived students but the
candidates who need no financial help are drawing the benefit of
the said Scheme. The Petitioner has been selected in Duke
University having QS Ranking 50, (National Rank), but due to
financial inability and as banks are not ready to lend loan to the
Petitioner, he has been deprived of his right to education. Thus,
the benefit of the said Scheme is availed by the students who are
economically stable and can themselves make expenses to seek
education abroad.
3.2. On 02/05/2020, the Government of Maharashtra has
withdrawn the income criteria, but thereafter again by issuing
Addendum on 21/05/2021, the said criteria has been kept as it is,
stating that due to COVID-19, the same could not be removed.
Sahare/Ansari
Judgment 5 901wp4056.23.odt
3.3. Our attention is drawn to the list produced by the
Petitioner along with Amendment Application wherein he has
given details of 24 selected candidates, out of them many are
having sound financial capacity and their guardians are doing
Government jobs. Our attention is also drawn to the Minutes of
Meeting dated 01/06/2023 under the Chairmanship of Chief
Secretary, Tribal Development Department, Mantralaya, Mumbai
against Clause-5, for considering the topic in respect of foreign
scholarship. In this meeting, it was decided that the clause, by
which, there was no limit of income be canceled and yearly
income limit of the family maximum to be Rs. 8 Lakhs, be termed
as the upper limit for granting benefit of the Scheme. No GR,
however, appears to have been issued consequent thereto, which
would indicate that the GR dated 27/06/2017 would continue to
hold the field.
4. Shri N.R. Patil, learned AGP vehemently opposed the
Petition and submitted that the list is already prepared. It is
submitted that the Government of Maharashtra introduced said
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Scheme in the year 2003-04, and has made changes in the said
Scheme from time to time. The number of students under the
said Scheme were increased to 75. On 18/05/2023, the
Respondent No. 2 published advertisement and last date of
submission of application was till 05/07/2023.
4.1. In pursuance to the advertisement dated 18/05/2023,
the Petitioner applied for foreign scholarship in Post Graduation
Engineering faculty from Duke University US (QSWR-50). After
completing the process of scrutiny of the Application at
Government level, final list of eligible students was published on
06/09/2023, which was in terms of the Government Resolution
dated 27/06/2017. It is contended that the selection process is
already complete, in view of this, learned AGP opposed the
Petition and submitted that Application can be considered for the
next Academic Year.
4.2. It is also submitted by learned AGP, that as per the
terms and conditions of Government Resolution dated
Sahare/Ansari
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27/06/2017 only the students who have received unconditional
offer letter from Foreign Educational Institutes can be or could
alone be considered for foreign scholarship. A communication of
a foreign institution having any condition or if it is a conditional
offer letter, then the same can never be taken into consideration.
Any form of conditional admission or a conditional offer letters
makes the application ineligible for the foreign scholarship. It is
contended that the offer letter was conditional one and therefore
the Petitioner is ineligible to receive the scholarship.
5. We have heard the learned Counsel for the Petitioner
as well as the learned AGP.
6. The object of the Rajshri Shahu Maharaj Scholarship
Scheme, as is spelt out from the GR dated 27/06/2017 (page 31)
which supersedes all earlier GRs in that regard, is to provide
benefit to the students belonging to the Scheduled Caste category
to study in International Educational Institutions. Initially, it was
introduced so that the persons belonging to the low income belt
Sahare/Ansari
Judgment 8 901wp4056.23.odt
can get the benefits of the said Scheme. There was income criteria
fixed by the Government, however, in the year 2015, the said
condition has been removed. The same has been appeared to
have been carried forward in the GR dated 27/06/2017, in which
though vide clause D(1) it has been stipulated, that the income of
the family of the student applying for the scheme including that
of the student should not exceed Rs.6 Lakhs per annum, however
clause D(2) indicates, that students, who have have been offered
admission in the first hundred institutes which have QS World
Ranking Top 100, the income criteria would not be applicable to
them. Clause D(1 to 4) and E of the aforesaid GR dated
27/06/2017 are enumerated hereunder for ready reference:
"(ड) उत्पन्न मर्यादा :-
(१) विद्यार्थ्यांच्या पालकां चे / कुटुं बाचे व विद्यार्थी नोकरी करीत
असल्यास त्याचे स्वतः चे उत्पन्न धरुन सर्व मार्गानी मिळणारे वार्षिक
उत्पन्न रु.६.०० लाखापेक्षा जास्त नसावे.
(२) परदे शी शिष्यवृत्तीसाठी जागतिक क्रमवारीमध्ये पहिल्या १०० मध्ये
(QS World Ranking Top १००) असणाऱ्या परदे शी विद्यापीठामध्ये
तसे च लंडन स्कुल ऑफ इकोनॉमिक्समध्ये प्रवेश घेणाऱ्या
विद्यार्थ्यांसाठी उत्पन्नाची मर्यादा लागू राहणार नाही.
Sahare/Ansari
Judgment 9 901wp4056.23.odt
(३) विद्यार्थी किंवा पालक किंवा दोन्ही नोकरीत असतील तर त्यां चे
आयकर विवरणपत्र, फॉर्म नं.१६ व सक्षम प्राधिकारी (तहसिलदार
किंवा नायब तहसिलदार पेक्षा कमी दर्जा नसलेल्या) यां च्याकडील
मागील आर्थिक वर्षाचे कुटुं बाचे सर्व मार्गानी मिळणाऱ्या उत्पन्नाचे
प्रमाणपत्र सादर करणे आवश्यक राहील.
(४) इतर विद्यार्थ्यांसाठी साठी सक्षम प्राधिकारी (तहसिलदार किंवा
नायब तहसिलदार पेक्षा कमी दर्जा नसलेल्या) यां च्याकडील मागील
आर्थिक वर्षाचे कुटुं बाचे सर्व मार्गांनी मिळणाऱ्या उत्पन्नाचे प्रमाणपत्र
सादर करणे आवश्यक राहील.
(ई) शैक्षणिक अर्हता :-
पदव्युत्तर पदवी किंवा पदव्युत्तर पदविका अभ्यासक्रमासाठी पदवी
परिक्षेत व पीएचडी अभ्यासक्रमासाठी पदव्युत्तर परिक्षेत किमान
५५% गुण असणे आवश्यक."
7. The purpose for bringing into existence the GR dated
27/06/2017, is as under:
" प्रस्तावना :-
अनुसूचित जातीच्या विद्यार्थ्याना आर्थिक परिस्थितीमुळे उच्च
शिक्षणासाठी परदे शातील नामां कीत विद्यापीठामध्ये प्रवेश घेता येत नाही.
विद्यार्थ्याची गुणवत्ता असून आर्थिक परिस्थितीमुळे उच्च शिक्षणापासून वं चित
रहावे लागते. अनु सूचित जातीच्या मुलां ना परदे शात शिक्षणाची संधी मिळावी व
त्यां च्या गुणवत्तेला वाव मिळावा म्हणून शासन निर्णय दिनां क ११ जून २००३
अन्वये राज्यात परदे श शिष्यवृत्ती योजना लागू करण्यात आली. विविध
विषयामध्ये परदे शातील नामां कित विद्यापीठामध्ये ज्या विद्यार्थ्यांना प्रवेश
मिळाला आहे अशा १० विद्यार्थ्याना सु रुवातीला ही शिष्यवृत्ती दे ण्यात येत असे .
Sahare/Ansari
Judgment 10 901wp4056.23.odt
शासन निर्णय दिनां क १७ जून २००६ अन्वये १० विद्यार्थी संख्येमध्ये
वाढ करुन ती २५ एवढी करण्यात आली. rn~uarj शासन निर्णय दिनां क २२
ऑक्टोबर २०१० अन्वये या परदे श शिष्यवृत्तीसाठी विद्यार्थ्याची संख्या २५ वरुन
५० करण्यात आली आहे .
राज्यातील अनुसूचित जातीच्या विद्यार्थ्यांना परदे श शिष्यवृत्ती
योजनां तर्गत मागील सर्व शासन निर्णयाचे एकत्र संकलन करुन एक सर्वकष
अशी नियमावली तयार करुन. त्यानुसार सदरहू नियमावलीचे संकलन करणे
व सुधारणा करण्याची बाब शासनाच्या विचाराधीन होती. "
8. It would thus be apparent, that the purpose, of the
GR, is to aid and assist, students belonging to the backward
caste, in their attempt, to take higher education, which is a
laudable purpose. It is therefore necessary, that to achieve the
object of the purpose for which the GR has been brought into
force, the income criteria ought to be maintained. Though Clause
D(1) does that, however Clause D(2) takes away its effect, for
students who have been offered admission, in the first 100 QS
World Ranking Top 100 institution in foreign Countries. This
would indicate, that the very purpose for providing scholarship
to students of backward caste who are unable to take higher
studies is being frustrated due to Clause D(2) which takes away
Sahare/Ansari
Judgment 11 901wp4056.23.odt
the said income limit. That this is happening, is apparent, from
the table quoted in para 3 of the rejoinder of the Petitioner, which
for the purpose of ready reference is quoted as under:
"
Sr. Name Income Remark
No.
1. Prachi Abhilash Ramteke 21,92,409
2. Shreyas Siddharth Humne 13,82,943 Guardian is Govt. Servant
3. Subham Madanlal Hajare 7,82,780 Guardian is Medical
Practitioner
4. Sayali Sudhir Koche 22,71,035 Guardian is Dist. Judge
5. Rohan Subhash Pote 4,01,160
6. Pratiksha Vinayak 3,87,100
Waghmare
7. Neel Vijay Sable 72,000
8. Tanmay Anil Thaware 16,35,410 Guardian is Teacher
9. Kapil Yogesh Wankhede 2,00,000
10. Pritam Rashtrapal Gajbhiye 31,000
11. Yash Arvind Gaikwad 32,42,763 Guardian is Govt. Medical
Officer
12. Shreya Prakash Lanjewar 16,29,550 Guardian is Engineer in
PWD
13. Komlika Sameer Gaikwad 14,46,220 Guardians are Rtd. govt.
servant
14. Rutuja Anil Sawane 8,47,408 Guardian is in service in
MSEDCL
15. Shailesh Eknath Alone 25,000
16. Tejas Jaywant Lokhande 19,07,261 Guardian is in service with
Pune University
17. Yogita Vikas Kamble 25,88,797 Guardians are in service in
school
Sahare/Ansari
Judgment 12 901wp4056.23.odt
18. Ashutosh Gaikwad 53,18,029 Guardian is Asst. Professor
in Govt. Medical College,
A'bad
19. Abhishek Nandkumar 10,28,100 Guardian is working as Dy.
Choutmal Manager with New India
Assurance Com.
20. Abhishek Sunil Jadhav 12,71,390 Guardian is Central Govt.
servant in Indian Air Force
21. Abhijeet Premnath Kapse 12,68,544 Guardian is in Central
Govt. servant as a Chief
Ticket Inspector in Railway
22. Ansh Rajnishkumar Thamke 35,92,715 Guardian is Programe
Director in Birla Soft
23. Aditi Suresh Khandare 20,59,000 Guardian is in Central
Govt. service at Ministry of
Cloth Union of India
24. Pranjal Ravindra Khakse 18,09,338 Guardian is service as
Asstt. General Manager in
BSNL
"
9. This table, has not been controverted by the learned
AGP, by filing any counter affidavit. The information in the table
in fact, portrays a very dismal picture, inasmuch as students
whose guardians are having substantial income and who are
well placed in life, are also indicated to have been granted the
benefit of the scholarship which results in defeating the very
purpose for which the scheme was brought into force, to grant
scholarship to persons who could not afford higher education
Foreign Countries. This is directly attributable, to Clause D(2) of
Sahare/Ansari
Judgment 13 901wp4056.23.odt
the GR dated 27/06/2017. It is thus apparent, that the existence
and operation of Clause D(2) of the GR dated 27/06/2017,
clearly defeats the very purpose, for bringing the GR dated
27/06/2017, into existence and therefore, will have to be held
unreasonable, arbitrary and not serving the purpose for which
the GR was brought into force. Though it is contended, that in
the subsequent meeting dated 01/06/2023 Clause D(2), is
decided to be deleted, perhaps, that is because wiser sense
appears to have prevailed upon the authorities. However, we
have not been pointed out any corrigendum issued in pursuance
to the decision said to have been taken in the meeting dated
01/06/2023 under the Chairmanship of Secretary, Tribal
Development Department, on account of which no reliance can
be placed thereupon. We, therefore, declare Clause D(2) of the
GR dated 27/06/2017, as unreasonable as arbitrary and quash
the same. The result would be that Clause No. 2 in the
advertisement dated 17/05/2023 (page 10), would become
redundant and inoperative.
Sahare/Ansari
Judgment 14 901wp4056.23.odt
10. The next contention, on behalf of the learned AGP, is
that, the offer to the Petitioner, from the Duke Engineering
Masters Programme was conditional. A perusal of the
communication dated 14/04/2023 (page 271), would indicate
that it informs the petitioner that he has been admitted into the
Master of Engineering Program in Cybersecurity offered by the
Pratt School of Engineering at Duke University for the 2023 Fall
Term. The said admission, is not conditional, as all that it
requires is to complete the necessary formalities as indicated
therein. The contention therefore is rejected.
11. It is also not in dispute, that the annual income of the
Petitioner and his family, meets the criteria as laid down in
Clause D(1) of the GR dated 27/06/2017 and so also the
Petitioner satisfied the educational qualification criteria as
indicated in Clause (E) thereof, in view of which, we do not see
any reason why the Petitioner ought not to be granted the
scholarship.
Sahare/Ansari
Judgment 15 901wp4056.23.odt
12. Though as a result of the striking down of Condition
D(2) in the GR dated 27/06/2017, the scholarship granted to the
students, in view of the same, would become illegal, however
considering the fact that they have already been granted benefit
and have taken admission, the same is protected.
13. In the result, we pass the following order:-
ORDER
(a) The Writ Petition is allowed.
(b) The Condition D(2) in the Government Resolution
dated 27/06/2017 under the caption "mRiUu e;kZnk", is hereby
struck down, as arbitrary and unreasonable. The resultant
fall out would be that the Condition No. 2 in the
advertisement dated 17/05/2023 under the head captioned
as "mRiUu e;kZnk" (Income Limit) would become redundant
and inoperative, however the scholarship already granted
Sahare/Ansari
Judgment 16 901wp4056.23.odt
to the students, who have secured admission, shall stand
protected.
(c) The Respondents are directed to re-consider the
Application of the Petitioner afresh in view of what has
been said in this judgment, within a period of two weeks
from today.
14. The Petition stands disposed of in the above terms.
No costs.
15. Pending Application(s), if any, shall stand(s) disposed
of accordingly.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
Signed by: A.P. ANSARI
Sahare/Ansari
Designation: PS To Honourable Judge
Date: 08/05/2024 19:54:35
