Prathiba M. Singh DECISION
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The Petitioner joined Respondent No. 2-Rajiv Gandhi National University of Law (hereinafter "University") in the five years law course. He belongs to the Scheduled Caste category and wishes to avail of the Central Sector Scholarship Scheme of Top Class Education for SC Students (hereinafter "Scheme").
3. The case of the Petitioner is that he had to upload certain documents to avail of the said scholarship and on 14th November, 2020, an application was filed by him along with his father's Income Tax Return to avail of the said scholarship. Upon verification, the Ministry rejected the application vide email dated 23rd September, 2021, on the ground that the Income Tax Return Certificate was invalid. The reason for the same was that the Petitioner did not file the `Income Certificate' but instead had filed the Income Tax Return with the Acknowledgement Receipt. Upon receiving the said rejection email, the Petitioner immediately on 18th October, 2021, addressed a reply email along with the Income Certificate for processing of the Petitioner's application. The Ministry then replied to it that the scholarship is being processed. However, finally, after some reminders on 9th November, 2021, the Ministry took the stand that the change of documents would not be permissible as it would change the merit list. Thus, the scholarship application of the Petitioner was rejected. The Petitioner then again applied for the scholarship in his next year, i.e., for his second year, and his candidature was found eligible. However, he has not been granted any scholarship. Hence, the present petition.
4. Dr. Amit George, ld. Counsel appearing for the Petitioner, relies upon the judgment of the ld. High Court of Uttarakhand in Renu Negi v. Union of India & Ors., [WP (M/S) No. 2828 of 2018, decided on 19th February, 2019], to argue that the authorities cannot take a hyper-technical approach when it comes to scholarships and similar schemes. The said scheme would have to be read broadly in favour of granting relief to eligible students. He further submits that the University itself does not doubt the entitlement and eligibility of the candidate. He also places reliance on the Computation of Total Income attached with the Income Tax Return, which would show that there is no discrepancy in between the Income Tax Return Certificate and the Income Certificate, which would be evident from the Income Tax Computation Form.
5. On the other hand, ld. Counsel for the Respondents submits that the document was wrongly submitted. Accordingly, the four slots, which were allotted to the University for scholarship students, have already been exhausted and the same have been released to four other candidates. Thus, further scholarship cannot be granted.
6. Heard. A perusal of the Scheme, which has been placed on record, would show that the purpose and intent of the Scheme is to empower the students of Scheduled Caste and Schedules Tribes to avail of top class education opportunities. The scholarship is awarded to meritorious students. The background of the Scheme and the eligibility requires that the total annual family income has to be up to Rs. 8 lakhs. The eligibility of the present candidate i.e., the Petitioner is not in doubt as is evident from the recommendation of the University that has been placed on record, as also from the Income Tax Returns and the Income Certificate. The same reads as under:
"Please find the Annexure-A and other documents of Mr. Bajrand, student of Second year. He had been selected last year on the basis o the merit, but could not avail the scholarship as his income certificate was not correct.
Sir our TCS portal is not working so we are sending the documents as well as the documents to you. Please let us know if anything else is required."