HC directs one time scholarship

Excelsior Correspondent
SRINAGAR, June 15: The High Court came to rescue to the students studying outside the State under Special Scholarship Scheme for the State and directed the Central Government to grant one time exemption to the Kashmiri students at Mewar University of Rajasthan for scholarship till they complete their courses.
“In the final analysis, it is directed, by way of one time exception for the academic session 2014-15, the students who have been admitted by the respondent No.3 (Mewar University of Rajasthan) shall be registered for scholarship and scholarship shall be released in their favour through respective institution and also for subsequent years till they complete their courses”, Court of Justice Mohammad Yaqoob Mir directed.
Court also directed that the scholarship in favour of 272 students admitted in the University during the year 2013-14 shall also be released in their favour, through the University.
Controversy in the writ petition is as to whether grant of scholarship in favour of students  for having taken admission in Mewar University, Gangrar Chittorgarh, Rajasthan, during the academic session 2013-14 and 2014-15 is allowable or not.
Government of India, for enhancing employment opportunities in the State of Jammu and Kashmir and for formulating the jobs plan, involving both public and private sectors, especially for the youth issued a notification in the month of  August, 2010, and in this regard an Expert Group under the Chairmanship of Dr. C. Rangarajan had also been constituted.
Subsequently the constituted Expert Group submitted the report under the head “Report of the Expert Group to formulate a jobs plan for the State of Jammu and Kashmir”.
Thereafter the Cabinet Committee on Economic Affairs approved a Special Scholarship Scheme for Jammu and Kashmir, which has been published, as is clear from the notification issued by Press Information Bureau, Government of India.
The Cabinet Committee on Economic Affairs approved a Special Scholarship Scheme for Jammu & Kashmir to encourage the youth of J&K to pursue higher studies outside their State. The total cost of the scheme was Rs.1200 crore of which Rs.88 crore had to be incurred in the same year.
It was further proposed to provide 5000 fresh scholarships every year over the next five years. Of these 4500 scholarships will be for general degree courses, 250 for engineering and 250 for medical studies. Every scholar will get upto Rs.30,000 per annum for tuition fee for general degree courses, upto Rs.1.25 lakh per annum for engineering course and upto Rs.3. lakh per annum for medical studies. In addition to these, hostel fees and incidentals will also be given for all categories of courses upto a ceiling of Rs.0ne lakh per annum.
Only those students belonging to the State of Jammu & Kashmir, who pass the Class XII or equivalent exam from the J&K Board and pursue general degree courses, engineering medical studies and other professional courses in Government colleges/ institute/ other reputed institutes, located outside the State of Jammu & Kashmir would be eligible for scholarship under this Scheme. The income ceiling will be Rs.4.5 lakh per annum.
All India Council for Technical Education (AICTE) on the recommendations of Inter Ministerial Committee (IMC) has been entrusted with the responsibility of implementation of the scheme and release of scholarships to all such eligible candidates.
The notice issued by AICTE provided that the students fulfilling the eligibility criteria of J&K Special Scholarship Scheme shall be allotted to the respective colleges on the basis of their choice and merit obtained at Class XII level.
Petitioners and like them some other students had taken admission in respondent Mewar University. When scholarship was not released, the respondent University issued a notice on February 5, 2015, notifying to the students from Jammu and Kashmir who have taken admission in various programmes during the academic year 2014-15 to vacate all the hostels on the campus latest by 28th February, 2015 with a further information that they shall deposit hostel fee, tuition fee and others.
It has also been notified by the respondent University that it is not in a position to meet the financial deficit and aggrieved of the decision of the campus the petitioners(students) approached the court seeking the decision taken vide notification issued by AICTE under the head Special Scholarship Scheme (SSS) 2014-15 to the extent it denies grant of scholarship to the students admitted in any educational institution be quashed.
Respondents in the reply have stated that for the academic year 2014-15, IMC in its 8th meeting has recommended that only those students who apply through AICTE portal and are allotted colleges/seats or those who are admitted to the Centrally Funded Institutions on their own merit will be eligible for this scholarship from the academic year 2014-15 onwards.
“The revised procedure for the scheme for the academic year 2014-15 was approved in the 10th IMC meeting and accordingly AICTE in association with Government of Jammu and Kashmir conducted counseling from 30.08.2014 to 05.09.2014 at SP College, Srinagar”, the reply said.
To oppose the contentions of respondents, petitioners In the rejoinder affidavit submitted that they took admission in Mewar University in accordance with applicable scheme following last year’s practice under the bona fide impression that since they have registered themselves on the website of AICTE and got their documents verified on the verification counter approved by AICTE. They came to know about counselling but could not reach to the counselling centre because of heavy rains and flood. The position was brought to the notice of AICTE.
Over 250 students from J&K had taken admission in various programmes during the academic year 2014-15 in Mewar University and when scholarship was not released in their favour, the varsity issued a notice on 5 February 2015, asking them to vacate all the hostels on the campus latest by 28 February 2015.
The university had also informed them to deposit hostel fee, tuition fee and others as it was not in a position to meet the financial deficit due to non-release of the scholarship in their favour by the All India Council for Technical Education (AICTE), entrusted with the responsibility of releasing scholarships to all eligible candidates.
The petitioners, many aggrieved students from J&K, had also sought court’s direction to quash the decision of the Inter-Ministerial Committee of MHRD on Special Scholarship Scheme which denies scholarship to the students who have taken admission otherwise than counselling.
“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 and 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 expert group had said and had recommended four initiatives – first, a Special Scholarship Scheme for J&K; second, faculty development programmes; third, a special initiative by Delhi Public School (DPS) and fourth setting up placement cell by IGNOU in Jammu and Srinagar- to increase the access of the youth to educational opportunities.
The AICTE, pursuant to a notice, informed the Heads of institutions admitting students under J&K SSS for the session 2014-15 that Inter Ministerial Committee of MHRD on Special Scholarship Scheme on 23 August 2012, decided to create two supernumerary seats across all the institutes and colleges for the purpose which have been approved. As per notice, it was made clear that AICTE is conducting counseling from 30 August 2014 to 05 September 2014 at SP College, Srinagar.
It is also sought in the petition that the admission  of petitioners be treated in the respondent University during the year 2014-15 (475 in number) to be covered by the scheme for the academic year 2014-15 and subsequent years and also the authorities be directed to release scholarship to 272 students admitted in the respondent No.3 during the academic year 2013-14.