Release scholarship to JK students in state: HC to AICTE

Saurabh Malik
Tribune News Service
Chandigarh, December 16

In a major relief for students from Jammu and Kashmir studying in Haryana, the Punjab and Haryana High Court has directed the All India Council for Technical Education (AICTE) to release scholarship to them under the Prime Minister's Special Scholarship Scheme for 2014-15 and subsequent years.

Prime Minister's Special Scheme

• Petitioners' counsel contends that the advantage of the scheme should not be solely denied because of procedural lapse
• Counsel relies on a Jammu and Kashmir High Court decision in 2017, wherein the action of declining the benefit was quashed

The direction by Justice Harinder Singh Sidhu came after the counsel for Danish Nazir and other petitioners argued that students had to face great hardships and could not appear for counselling following large-scale floods in Jammu and Kashmir in 2014-15.

Appearing before the Bench through video-conferencing, counsel Harsh Aggarwal contended that the students should not be made to suffer because of the unprecedented situation. He said the advantage of the scheme should not be solely denied because of "some procedural lapse, especially as they fulfilled all conditions as envisaged in the scheme".

In an attempt to buttress his arguments, the counsel relied on a Jamp;K High Court decision dated June 7, 2017, wherein the action of declining the benefit was quashed in an identical situation and the respondent was directed to release the scholarships. The judgment was upheld in appeal, he added.

The submission came in response to an argument on behalf of respondent AICTE that the petitioners were admitted to Ganpati Business School and Ganpati Institute of Pharmacy on their own and in contravention of the scheme's terms and conditions and subsequent modification and amendments.

It was added that the Ministry of Human Resource Development had authorised the AICTE to implement the scheme strictly, adhering to the guidelines framed and methodology approved by an inter-ministerial committee and the act of the institutes in admitting the petitioners without their finding place in the merit list was unauthorised.

Justice Sidhu asserted that the petitioners' case was similar to the matter in the Jamp;K High Court. "Accordingly, this petition is allowed. The respondent is directed to release scholarship to the petitioners for the academic session 2014-15 and subsequent years," Justice Sidhu ruled.

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