Jammu & Kashmir High Court - Srinagar Bench
Sumaiya And Another vs Union Of India And Others on 4 July, 2024
Author: Justicejaved Iqbal Wani
Bench: Justicejaved Iqbal Wani
Sr. No. 14
Regular List
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 3905/2019 c/w
i)WP(C) 3305/2019, ii)WP(C) 3317/2019, iii)WP(C) 3556/2019,
iv)WP(C) 3690/2019, v)WP(C) 3731/2019, vi)WP(C) 3744/2019, vii)
WP(C) 3907/2019, viii)WP(C) 2/2020
SUMAIYA AND ANOTHER ...Appellant(s)/Petitioner(s)
Through: Mr. Shafqat Nazir, Advocate
Vs.
UNION OF INDIA AND OTHERS ...Respondent(s)
Through: Mr. T.M. Shamsi, DSGI with Ms. Sufaya, Adv. for 1
Mr. Mubeen Wani, Dy. AG for 3
Mr. Bilal Ahmad Malla, Advocate
CORAM:
HON'BLE MR. JUSTICEJAVED IQBAL WANI, JUDGE
ORDER
04.07.2024 Oral:
1. The issues involved in the instant petitions are akin and analogous to each other, as such, the petitions are being disposed of by this common judgment.
2. Before proceeding to advert to the issues involved in the instant petitions, the background facts under the cover of which the petitions have been filed are given in brief hereunder:-
(i) The Cabinet Committee of Economic Affairs Government of India approved a Special Scholarship Scheme (for short the SS Scheme) for Jammu and Kashmir to encourage youth of J&K to pursue higher studies outside the J&K and the total cost of the scheme was provided at Rs. 1200 crores.
(ii) Prior to the coming into being of the aforesaid scheme vide notification dated 18th August, 2010, the Government of India/Prime Minister's Office constituted an Expert Group under WP (C) 3905/2019 alongwith connected matters Page 1 the Chairmanship of Dr. C. Ranga Rajan, in order to formulate a policy/job plan for the erstwhile State of Jammu and Kashmir, which group prepared and formulated a report on the basis of which report the aforesaid scheme came into being. A reference to the relevant extracts of the said report for the sake of brevity and convenience are reproduced hereunder:-
"9.1 The recent youth turmoil in Kashmir, though political, was also in a sense indicative of alienation and possibly disappointment at the lack of opportunities in the State. On the one hand, the long years of militancy and violence have taken toll of the educational institutions in the state, especially in the valley. There has been damage to the physical infrastructure and the disturbances have also eroded the intellectual capital. On the other hand the youth have had to live with disruptions in education, which has impacted their ability to compete. The relatively better off, were able to send their children abroad or to reputed institutions within the country but others with limited means did not have this option. To increase the access of the youth to educational opportunities the Expert Group recommends four initiatives first, a Special Scholarship Scheme for J&K, (SSS J&K) second, faculty development programmes third, a special initiative by Delhi Public School (DPS) anal fourth setting up placement cell by IGNOU in Jammu and Srinagar.
9.2. The state has to make up for the lost time and lost opportunities for its youth by increasing the number of institutions of higher education in J&K. In addition, the student intake in the existing institutions must be stepped up significantly by enhancing faculty capability and positions. While this would be an appropriate medium term intervention, an immediate short term solution WP (C) 3905/2019 alongwith connected matters Page 2 would be to encourage the J&K youth to take advantage of the educational institutions of higher education in the rest of the country. One way to do this is to give financial support through a special scholarship scheme for I&K, on the one hand, the scholarships would enable the youth to optimize their full academic potential and turn to productive activities, while on the other hand they would give the I&K youth an opportunity to interact with their counterparts from the rest of the country. This would address the feeling of alienation, create bonds and allow the beneficiaries to join the mainstream and become a part of the India's growth story.
9.3. The scholarship scheme would be applicable for courses in all Government Colleges/Universities, Engineering Institutions. Medical Colleges and some select private institutions to be identified by the government on the basis of some objective criteria. Thus merit cum means scholarship will be available to students from J&K who get admission in these institutions through the normal selection process subject to the parental income being below Rs.45 lakhs per annum. However, if the demand for these scholarships, exceeds supply, the selection could be made on the basis of a set criteria consisting of a combination of means cum merit. The Expert Group recommends that 5000 scholarships per annum may be awarded for the next 5 years. Out of the total, 4500 scholarships (90%) could be for general degree courses, 250 for engineering (5%) and 250 for medical studies (5%). These scholarships would not only cover, subject to a normative sealing, the full tuition fee but also hostel fee, cost of books and other incidentals. A possible annual normative sealing for programme fee could be Rs.30,000/ for general degree courses, Rs. 1.25 lakhs for engineering and Rs.3.0 lakhs for medical studies. The hostel fee and other incidentals could be capped at Rs.10 lakh per annum. The Expert Group WP (C) 3905/2019 alongwith connected matters Page 3 recommends an outlay of Rs. 1200 Crores from this initiative, which will benefit 25,000 students of J&K over a period of 5 years. We expect that this 5 year window will be able to built capabilities of the youth to enable them to compete in the normal course. This Special Scholarship Scheme in J&K will be in addition to the other scholarship schemes currently available. 9.4 The success of the Special Scholarship scheme depends on the ability of the students from J&K to get admission in the identified institutions. Some of the admission tests are tough and intensely competitive. The students may require additional coaching to clear the basic benchmarks set by these institutions. The Expert Committee recommends that the state government may actively incentivize coaching centers from the rest of the country to establish branches in the state. The existing educational institutions including IGNOU could partner with the state government in this initiative".
(iii) Subsequent to the publication of the scheme supra and in furtherance thereof, for achieving the goals set out in the scheme, the Higher Education Department of Jammu & Kashmir issued notification dated 24th September, 2012, notifying therein for the information of the general public that the Ministry of Human Resource Development Government of India is implementing the SS Scheme from the academic year 2011-12 for the students of Jammu and Kashmir, who intend/pursue higher studies outside the Jammu and Kashmir with an aim to provide tuition fee, hostel fee, cost of books and other incidental charges to such students. The said notification further envisaged to provide 5000 fresh scholarships every year over the next five years out of which 4500 scholarships were earmarked for General Degree courses, 250 for WP (C) 3905/2019 alongwith connected matters Page 4 Engineering and 250 for Medical studies, providing further therein the eligibility that the students must have passed Class XII or equivalent examination through the State Board of School Education, Jammu and Kashmir (BOSE) or the Central Board of Secondary Education (CBSE) affiliated schools in Jammu and Kashmir, pursuing general degree courses, engineering and medical studies in Government Colleges/Institutes/ other Non- Government Institutes recognized by AICTE or UGC or institutes created through on the Act of the State of Jammu and Kashmir outside State of Jammu and Kashmir with an income ceiling of Rs. 4.5 lakhs per annum.
(iv) Subsequent to the issuance of the notification dated 24 th September, 2012, All India Council for Technical Education (for short ACITE) a statutory body under the Ministry of Human Resource Development Government of India issued a notification under the SS Scheme for the year 2014-15 inviting therein online applications from the students of Jammu and Kashmir for the Special Scholarship for the academic year 2014-15. The notification further provided that a merit list of all the applicants who intent to avail the Special Scholarship under the scheme will be prepared after the verification of the online application and document and that the selection of the candidate and allotment of a seat will be done by counseling after the preparation of the merit list. The application of the scheme came to be extended by the Ministry for the year 2014-15, 2015-16, 2016-17 and upto the year 2018-19.
WP (C) 3905/2019 alongwith connected matters Page 5
(v) In order to ensure the implementation of the scholarship scheme in line and tune with the aims and objectives set out in the scheme an Inter Ministerial Committee have had also been constituted under the chairmanship of the Secretary and the said Committee in its 13th meeting held on 17th November, 2014, wherein discussing multiple issues, also discussed the issue regarding the award of scholarship to the students who had taken admissions of their own without formally applying to the ACITE and participating in the counseling process undertaken by the ACITE, as some of the students have had taken admissions in the colleges outside the State of J&K without formally applying for the grant of Special Scholarship as also without participating in the process of counseling undertaken by the ACITE.
(vi) The said Inter Ministerial Committee in its 20th meeting held on 5th May, 2017, called upon the ACITE to provide status of the students who had taken admissions on their own in approved institutions and also ensure that the scholarship is disbursed on time and further resolved that the Universities who on their own have admitted the students under the scheme be directed by the UGC to ensure smooth completion of their courses. The Inter Ministerial Committee thereafter in its 21st meeting held on 24th February, 2018, confirmed the minutes of the 20th meeting and also took cognizance of the high percentage of drop out of the students and while expressing its concern over the same desired that a case by case analysis should be done and reasons be ascertained by the State Government about such drop outs also requiring the State Government to contact the students who had not reported in order WP (C) 3905/2019 alongwith connected matters Page 6 to ascertain the reasons of their not joining. In the subsequent 22nd meeting of the Inter Ministerial Committee held on 29th December, 2018, it came to be, inter alia, resolved that the State Government should take up the responsibility of creating awareness and spread the message about the availability of the scholarship under the scheme.
(vii) The petitioners herein in the instant petitions are the students who instead of applying through proper mode for availing the Special Scholarship secured admissions of various courses in the AICTE recognized colleges/universities/institutions of their choice and on their own in the year 2016-17, 2017-18, 2018-19 and consequently applied to the respondents for extension of the benefit of Special Scholarship in their favour, which, however, was denied to the petitioners by the respondents on the ground that they had got admitted themselves in their respective institutions/colleges/universities on their own without getting sponsored through the ACITE and without participation in the counseling process conducted by the ACITE and some cases on the ground that the petitioners had opted to undergo a course other than offered to them by the ACITE after counseling. The said denial of scholarship resulted into filing of the instant petition.
3. The plea raised by the petitioners in the instant petitions for seeking the benefit of extension of Special Scholarship is broadly based on the aim and object of the scheme inasmuch as the background in the context of which the scheme have had been framed and enforced.
4. Objections to the petitions have been filed by the respondents. WP (C) 3905/2019 alongwith connected matters Page 7
5. In the objections filed by the respondents 1, it is being admitted that the SS Scheme came to be launched for providing financial assistance to the students of lower income group of the State of Jammu & Kashmir who after passing Class 12th or equivalent examination on account of their weak and financial conditions were deprived of the quality higher education outside Jammu and Kashmir. It is also stated in the objections that the total 5000 scholarships were awarded under the scheme in an academic year earmarking 4500 seats for General degree, 250 seats for Engineering and 250 seats for Medical/BDS courses. It is further stated that the scheme was sanctioned and available to those eligible students who had applied there for and had been found to be possessed of the requisite merit. It is also an admitted in the objections that an Inter Ministerial Committee came to be constituted for the implementation and monitoring of the scheme. It is further stated in the objections that the petitioners got admitted in their respective institutions/colleges/universities either on their own without formally applying therefor or else opted a course other than the course which was offered to them after counseling by AICTE. In nutshell, it is being stated in the objections that the petitioners did not follow the approved methodology for availing the benefits of SS Scheme.
6. In the objections filed by the respondent 2, the stand taken by the respondent 1 in the objections in essence is being reiterated, as such, in order to avoid repetition same is not being referred hereto. Heard learned counsel for the parties and perused the record.
7. The appearing counsel for the petitioners while making his submissions would contend that the petitioners have now successfully WP (C) 3905/2019 alongwith connected matters Page 8 completed their courses from their respective institutions/colleges/universities and that despite that the said institutions/colleges/universities are not issuing degree certificates in their favour on account of non-payment of Tuition fee, Hostel fee etc. which otherwise was required to be paid by the petitioners out of the Special Scholarship payable by the respondents to them and that the respondents, thus, cannot deny the petitioners the benefit of SS Scheme, as the equity demands the respondents to extend the said benefit to the petitioners owing to the completion of their respective courses. On the contrary, the counsel for the respondents while opposing the submissions of the counsel for the petitioners would contend that the petitioners are not entitled to the benefit of the SS Scheme as the petitioners have got admitted on their own in their respective institutions/colleges/universities for pursuing their courses, and that, the petitioners, as such, cannot claim the benefit of the scheme on any grounds whatsoever.
8. It is not in dispute that the SS Scheme came to be launched by the respondents to encourage the youth of the erstwhile State of Jammu and Kashmir to pursue higher studies outside the State for having suffered on account of disturbance and turmoil. It is also not in dispute that the respondents were not aware that the petitioners have got themselves admitted in the institutions/colleges/universities on their own for pursuing the courses of their choice, in that, the Inter Ministerial Committee have had been alive to the said fact which committee had been constituted by the respondents for the effective implementation and monitoring of the scheme and the said Committee WP (C) 3905/2019 alongwith connected matters Page 9 in its 20th meeting held on 5th May, 2017 in presence of the officials of the ACITE took the following decision:
"Universities, who on their own, have admitted the J&K students under the scheme may be directed by the UGC to ensure smooth completion of their courses."
The minutes of the said meeting and decisions taken therein came to be confirmed by the said Committee in its 21st meeting held on 24th February, 2018, thus, manifestly suggesting that the respondents in essence had condoned the non-compliance of the methodology of admission by the petitioners as also the institutions/colleges/universities, wherein the petitioners had got themselves admitted while calling upon said institutions/colleges/universities to ensure smooth completion of the courses opted by the petitioners and similarly situated candidates. It is also not being disputed and denied by the respondents that the petitioners otherwise were not eligible for availing the benefits of the scheme or that the petitioners were not eligible or qualified for undergoing their respective courses, wherein the petitioners got themselves admitted. It is also not being denied by the respondents that the colleges/institutions/universities, wherein the petitioners got themselves admitted for pursuing their respective courses were not recognized or approved.
9. Having regard to the aforesaid admitted position obtaining in the matter as also the background in which the SS Scheme have had been launched inasmuch as the aims and objectives set out therein, the respondents cannot at this stage be permitted to deny the petitioners WP (C) 3905/2019 alongwith connected matters Page 10 the benefits of the SS Scheme considering the fact that the petitioners have successfully completed their respective courses, as one time exception as otherwise denial of the same would be unfair, unreasonable, in fact an act inflicting undeserved injury to the petitioners.
10.For what has been observed, considered and analyzed hereinabove, the instant petitions deserves to be allowed. Accordingly, the petitions are allowed and the respondents are commanded to extend the benefit of Special Scholarship Scheme to the petitioners as one time exception in order to enable the petitioners to obtain the requisite degree certificates from their respective institutions/colleges/universities, and any refusal order/communication issued by the respondents in this regard and impugned in the instant petitions shall be deemed to have been quashed.
11.A copy of this order/judgment be placed on the record file of each of the petitions.
12.Disposed of.
(JAVED IQBAL WANI) JUDGE SRINAGAR 04.07.2024 ARIF Whether the order is speaking? Yes Whether the order is reporting? Yes Arif Hameed I attest to the accuracy and authenticity of this document 25.07.2024 WP (C) 3905/2019 alongwith connected matters Page 11