Kerala High Court
Indu S vs State Of Kerala on 8 April, 2019
Equivalent citations: AIR 2019 (NOC) 364 (KER.), AIRONLINE 2019 KER 100
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941
WP(C).No. 24887 of 2014
PETITIONER/S:
INDU S., KADAMPOLIL,
B.T.S.ROAD, EDAPPALLY P.O.,
KOCHI-682 024, KERALA.
BY ADVS.
SRI.K.N.SASIDHARAN NAIR
SRI.LEO GEORGE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
3RD FLOOR, SECRETARIAT ANNEX, STATUE,
THIRUVANANTHAPURAM-695 001.
3 THE KERALA STATE HIGHER EDUCATION COUNCIL,
SCIENCE AND TECHNOLOGY MUSEUM CAMPUS,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS MEMBER SECRETARY.
4 MEMBER SECRETARY,
THE KERALA STATE HIGHER EDUCATION COUNCIL,
SCIENCE AND TECHNOLOGY MUSEUM CAMPUS,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.
BY ADVS.
R1 & R2 - SMT. RESMI K.M., GOVERNMENT PLEADER
R3 & R4 - SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.04.2019, THE COURT ON 08.04.2019 DELIVERED THE FOLLOWING:
W.P.(C) No.24887 of 2014 2
C.R.
JUDGMENT
This writ petition is filed by the petitioner, a Post-Graduate student at Stella Maris College, Chennai, seeking to declare that the clauses in Exts.P7 and P8 notifications stipulating that students pursuing Post Graduate studies in Kerala alone are eligible for renewal of scholarship for the fourth and fifth years respectively, are applicable only at the time of initial selection of students for grant of scholarship during the first year of Degree course and not for renewal of scholarship for Post-Graduate studies, and for other related and consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:
2. During January, 2010, the 3rd respondent, i.e., the Kerala State Higher Education Council, introduced 'the Higher Education Scholarship Scheme' produced along with a memo before this Court, with a view to attract meritorious students to the study of Arts, Science and Business Studies streams by giving scholarship for five years. The amount of scholarship for the first year is Rs.12,000/-, Rs.18,000/- for the W.P.(C) No.24887 of 2014 3 second year, Rs.24,000/- in the third year, Rs.40,000/-
in the fourth year and Rs.60,000/- in the fifth year. As per the structure of the scheme, once the scholarship is granted to a student in the first year, it is only renewed annually during the succeeding four years depending on academic performance. Therefore, according to the petitioner, the number of scholarship awardees remains unchanged during the five year period. The initiative was born out of a realization that Kerala's success in terms of relatively better access to higher education has not been matched by comparable achievement in quality. By means of the scheme, the Government hopes to effect a qualitative change in the field of higher education and to promote higher education in order to create well-trained and socially sensitive citizens.
3. Petitioner joined for B.A. Economics in Sacred Heart College, Thevara in Kochi under the Mahatma Gandhi University, and petitioner was chosen for the scholarship for the year 2010-11, and it was renewed during the period 2011-12 and 2012-13, evident from Ext.P3 series of communications. After completing her B.A. Degree in Economics from Sacred Heard College, Thevara in Kochi, petitioner secured admission to M.A. W.P.(C) No.24887 of 2014 4 Economics in merit quota in Stella Maris College, Chennai, under the University of Madras, during the academic year 2013-14.
4. While so, as per Ext.P4, the 3rd respondent called for certain particulars from the petitioner for renewal of her scholarship for the fourth year, i.e., Post-Graduate course during 2013-14, and it was promptly furnished by the petitioner. Later, 3rd respondent as per Ext.P5 letter called for application in the prescribed form for renewing the scholarship for the fourth year, i.e., first year of P.G. Course with testimonials from the Principal concerned. Accordingly, petitioner submitted Ext.P6 application for renewal of the scholarship, however, no action was taken or the application was processed. It was also understood by the petitioner that later a list was prepared excluding the petitioner from the scholarship on the ground that she is pursuing for the Post Graduate studies in Chennai, and making specific reference to Ext.P7 notification, stipulating the course of study within the State of Kerala in order to secure the scholarship. These are the basic background facts projected by the petitioner to secure the reliefs sought for in the writ petition.
W.P.(C) No.24887 of 2014 5
5. The 3rd and 4th respondents have filed a detailed counter affidavit. Among other contentions, it is stated that, the main objective of the Council is to ensure autonomy and accountability of all institutions of higher education in the State, to promote academic excellence and social justice by providing academic input to the State Government for policy formulation and perspective planning, guiding the growth of higher education in accordance with socio-economic requirement of the State etc. It was also constituted with the intention of improving the quality of higher education imparted within the State, having realized that the quality has suffered over the years, especially in research. Therefore, with the intention to attract and retain talented students in academic streams like humanities, social sciences and other science subjects, attractive merit-cum-means scholarships were introduced.
6. Ext.P7 is the notification issued by the Council and the notification specifically mandates that the candidates undergoing first year post graduate course in any of the Government Aided Arts and Science College or in any of the Universities in Kerala in Humanities, Social Science and Science, need to apply W.P.(C) No.24887 of 2014 6 for scholarship. It is also submitted that, the above clause was inserted in Ext.P7 notification in consonance with the scheme for providing higher education scholarship by the Kerala State Higher Education Council. The Scholarship under the scheme was initially sanctioned for one year only, but it is renewable for the next four years subject to certain conditions. That apart, the Council will have the discretionary right to take decisions on aspects not covered or contemplated in the guidelines, with a view to fulfilling the overall objective of promoting equity and excellence in higher education sector in Kerala. In case of any dispute concerning any matter in respect of the scheme and its implementation, the decision taken by the Higher Education Council shall be final.
7. It is also stated, since the petitioner is a candidate undergoing higher studies in Chennai, petitioner is not entitled to get the scholarship in accordance with the scheme as well as Exts.P7 and P8 notifications. It is also submitted that, petitioner was provided with the scholarship during the three year Degree Course, she was pursuing her studies within the State. Therefore, the sum and substance of the contention advanced by respondents 3 and 4 is that, W.P.(C) No.24887 of 2014 7 petitioner is not entitled to get the reliefs as are sought for in the writ petition, since she will not come under the eligibility criteria fixed under the Scholarship Scheme as well as the Government notifications.
8. I have heard learned counsel for the petitioner, learned Government Pleader as well as the learned counsel appearing for respondents 3 and 4. Perused the pleadings and the documents on record.
9. As per the Scheme introduced by the Kerala State Higher Education Council, and as per the guidelines issued during the year 2010-2011, the scope and extent of the scholarship is prescribed, whereby the Council intends to constitute two types of scholarships, i.e., General Scholarships and Endowment Scholarships. During the year 2010-11, 1000 General Scholarships would be awarded to regular students pursuing the study of Sciences, Social Sciences, Business Studies and Humanities through full time aided courses at the under-graduate and post graduate levels in Government/Aided Colleges and Departments/ Institutions under the Universities in Kerala. It was also mentioned thereunder that, the scholarships may be extended subsequently, including other disciplines and W.P.(C) No.24887 of 2014 8 students pursuing studies outside the State, depending on the funds made available through endowments. It is further stated that the scholarships available during the year 2010-11 will be distributed among different Universities in the State, and the number of scholarships set apart for each University would be decided on the basis of the student strength in first degree aided courses in Sciences/Humanities/Social Sciences etc. under each University, calculated on the basis of sanctioned strength of each stream, in all Government/Aided Arts & Science colleges and University Departments in the previous year.
10. It is true, the scholarship was intended to be given for a five year period staring from first Degree and ending with final year post-graduate education. The case put forth by learned counsel for the petitioner is that, so far as the scheme is concerned, once a scholarship is awarded to a meritorious student, it will have to be continued for a period of five years, i.e., up to the post-graduate level, irrespective of whether the student pursues study 'within the State' or 'outside'. That apart, it is contended that, the eligibility criteria fixed for grant of the scholarship 'within the State' will not W.P.(C) No.24887 of 2014 9 apply for renewal of the scholarship. Renewal of scholarships is also dealt with under the guidelines, which states that the scholarships under the Scheme are initially sanctioned for one year only, but it is renewable for the next four years, subject to the availability of funds and the conditions prescribed thereunder, which read thus:
"i) Renewal of the scholarships during second and third year of the degree course and first and second years of the post-graduate course will depend on continuance of the student in his/her course of study at the undergraduate level/post-graduate level with grades/marks as prescribed by the Council.
ii) For non-fulfilment of the above conditions scholarship will be suspended or cancelled by the Higher Education Council.
iii) If a scholar is unable to appear for the annual/semester examination owing to illness, the scholarship will be renewed for the next year on the recommendation of the College Council/University Department Council. In such cases, the awardees will submit a Medical Certificate issued by a Medical Officer of not below the rank of a civil surgeon of a Government Medical Institution.
iv) Each scholar will have to submit application for renewal of the scholarship on-
line in a format available in the website of the Higher Education Council (www.kerala.gov.in). A copy of the filled-in application and relevant mark lists/certificates in original will also be submitted to the Principal/Head of University Department.
v) The application shall be scrutinized and certified by the Principal of the college/Head of the university Department and forwarded to the Higher Education Council within the time frame stipulated by the Council.
W.P.(C) No.24887 of 2014 10
vi) For renewal in cases where the examinations are conducted in the semester pattern, the following results should be considered to assess progress:
In the case of UG Courses * 1st semester result for first renewal.
* 3rd semester result for 2nd renewal
In the case of PG Courses
* 1st semester result for renewal."
Therefore, according to the learned counsel, on an
appreciation of the stipulations for renewal of
scholarships, it is clear that the same can be extended to a student who is pursuing the studies outside the State also in a college in Government/Aided sector.
11. So much so, it is submitted, the stipulation contained under Ext.P7 dated 31.01.2014 to the effect that those students who are pursuing the post-graduate studies in any one of the disciplines 'within the State' need alone apply for the scholarship, is unconstitutional, since a class is drawn without any nexus sought to be achieved, and since the students are chosen for a period of five years, no extra amount is required to extend the scholarship to the petitioner, if the petitioner is otherwise qualified. Therefore, according to the petitioner, the conditions contained W.P.(C) No.24887 of 2014 11 in Ext.P7 are arbitrary and illegal, liable to be interfered with by this Court. Same is the contention advanced by the petitioner with respect to Ext.P8 notification dated 30.10.2014 in respect of students pursuing second year Post-graduate courses, and their entitlement to scholarship is only by pursuing their studies within the State of Kerala.
12. I have evaluated the rival submissions made across the Bar. The question remains to be considered is, whether any manner of arbitrariness or illegality is remaining with Exts.P7 and P8 notifications issued by the Higher Education Council, circumscribing the entitlement of scholarship to students pursuing their studies in recognised Aided colleges. In my considered view, Exts.P7 and P8 notifications are consequential notifications following the guidelines prescribed for availing the scholarship by a meritorious student. In the fact discussion made above, the scope and extent of scholarship was discussed, and it was clearly enumerated in the guidelines that only students pursuing their studies 'within the State' are entitled to the scholarships.
13. True, it is mentioned thereunder that the scholarships may be extended subsequently to other W.P.(C) No.24887 of 2014 12 disciplines and students pursuing studies outside the State, however, depending on the funds made available through endowments. Therefore, the intention of brining out the scheme for scholarships was with the intention of encouraging and entertaining the students to undergo education 'within the State'. The motto prescribed in the guidelines makes it clear that the intention of providing scholarships is to improve the quality of higher education imparted in the State, and the Higher Education Council was constituted to address the growing concern for equity in Higher Education, and on realising the general perception that quality has suffered over the years, especially in respect of basic disciplines and fundamental research, and one of the possible ways in which the twin issues of access and excellence could be addressed is to attract and retain talented students in academic streams like humanities, social sciences and sciences by instituting attractive merit-cum-means scholarships. Act 22 of 2007, by which the Council is set up, empowers the Council to evolve schemes for providing equitable opportunities for higher education and scholarships and free-ships and financial assistance to the needy students. W.P.(C) No.24887 of 2014 13
14. In this context, it is relevant to note that, under Sec.2(r) of Act, 2007, "regular student" is defined to mean; a regular student of a university or a college affiliated to a university, and the term "University" is defined under Sec.2(w) to mean; any University in the State established by an Act of the State Legislature. The term "State" is defined under Sec.2(t) to mean; the State of Kerala. Therefore, having a holistic approach to the issue, and taking into account the provisions of the guidelines, Exts.P7 and P8 notifications and the provisions of the Act, 2007, it is clear that the intention was not only to provide scholarships to meritorious students within the State, but also to retain their studies within the State.
15. Therefore, taking into account the attendant circumstances as discussed above, it cannot be said that the distinction drawn to provide scholarships to students pursuing their studies 'within the State', under the guidelines, is irrational, illegal or arbitrary, and there is no unfair classification done among the students. Moreover, when the petitioner applied for the scholarship itself, it was clear as per the guidelines that the intention of the Council is to W.P.(C) No.24887 of 2014 14 provide scholarship to meritorious students 'within the State', and the other intention of the Council was to extend the scholarship to students pursuing their studies outside the State, if and when funds are made available through endowments. The said stipulation contained under the guidelines cannot be said to be a right accrued to the petitioner to claim scholarship for pursuing her studies outside the State. It is only a hope, gesture and aspiration put forth by the Council in the guidelines, and no manner of right can be claimed by the petitioner relying upon and founded on the said provision.
16. So also, the contention advanced that the grant of scholarships within the State is not applicable to renewals, cannot be legally sustained, since in my considered view, the provisions of the guidelines are to be read conjointly in order to arrive at fair and just conclusions, especially when the intention for creation of the Council and the Scholarship Scheme was drawn not only to provide scholarships to the students 'within the State', but also with the intention to retain them within the State. Having assimilated so, there is no irrationality, unreasonableness or unfairness in W.P.(C) No.24887 of 2014 15 Exts.P7 and P8 also, issued by the State Higher Education Council. It is also clear that the classification to provide scholarship to the students pursuing their studies within the State is based on rationale and intelligible differentia, and it has all pervasive nexus to the object sought to be achieved. It is also worthwhile to note that, no inequality is created consequent to classifying the students within the State, especially due to the reason that it substantially, objectively and materially satisfies the intention of the authority, pointed out above.
17. Assimilating the above legal and factual situations, I am of the considered opinion that, petitioner has not made out a case justifying interference of this Court under Article 226 of the Constitution of India, there being no arbitrariness or other illegalities.
Resultantly, the writ petition fails, accordingly it is dismissed.
Sd/-
SHAJI P.CHALY JUDGE W.P.(C) No.24887 of 2014 16 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE MARKS STATEMENT OF THE PETITIONER IN THE SECONDARY SCHOOL EXAMINATION - 2008 CONDUCTED BY THE CENTRAL BOARD OF SECONDARY EDUCATION.
EXHIBIT P2 COPY OF THE MARKS STATEMENT OF THE PETITIONER IN THE SENIOR SCHOOL CERTIFICATE EXAMINATION - 2010 CONDUCTED BY THE CENTRAL BOARD OF SECONDARY EDUCATION.
EXHIBIT P3 COPY OF COMMUNICATION NO.66/H.E.C/H.E.SCHOLARSHIP/2011-12 DATED 16/08/2012 FROM THE THIRD RESPONDENT TO THE PETITIONER REGARDING SANCTION OF SCHOLARSHIP FOR THE YEAR 2010-11.
EXHIBIT P3(A) COPY OF COMMUNICATION NO.66/H.E.C/H.E.SCHOLARSHIP/2012-13 DATED 30.03.2013 FROM THE THIRD RESPONDENT TO THE PETITIONER REGARDING SANCTION OF SCHOLARSHIP FOR THE YEARS 2011-12 AND 2012- 13.
EXHIBIT P4 COPY OF THE COMMUNICATION NO.66A/KSHEC/SCHOOL.2010-11/PG DATED 24/06/2013 IN THIS REGARD RECEIVED FROM THE THIRD RESPONDENT.
EXHIBIT P5 COPY OF THE COMMUNICATION NO.KSHEC/SCHOOL.SCHEME/2010-11/(P.G.2013-
14)(II)344 DATED 29/1/2014 RECEIVED BY THE PETITIONER FROM THE THIRD RESPONDENT. EXHIBIT P6 COPY OF THE APPLICATION ALONG WITH TESTIMONIALS SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 11/02/2014.
EXHIBIT P7 COPY OF THE NOTIFICATION NO.KSHEC/SCHOL.SCHEME/2010-11 (P.G.2013-14) DATED 31/01/2014.
EXHIBIT P8 COPY OF THE NOTIFICATION NO.KSHEC/SCHOL.SCHEME/2010-11 (P.G.2014-15) DATED 30.10.2014.
W.P.(C) No.24887 of 2014 17EXHIBIT P9 COPY OF THE APPLICATION FOR RENEWAL OF SCHOLARSHIP FOR THE FIFTH YEAR, I.E., 2014- 15 (SECOND YEAR OF THE P.G.COURSE) SUBMITTED TO THE THIRD RESPONDENT DATED 11.11.2014.
RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE St/-