SAGAR BAHUUDDESHIYA SHIKSHAN SANSTHA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Heard. Rule in all the petitions. It is made returnable forthwith. At the joint request of the parties all these matters raising similar issues are being disposed of by this common judgment. Writ Petition No. 3797/2023 and Writ Petition No. 5088/2023 are taken as lead petitions with the consent of all the petitioners and the respondents from the rest of the petitions.

(2.) By invoking the powers of this Court under Article 226 of the Constitution of India, the association of managements of unaided engineering colleges and individual managements are putting up a challenge to clause nos. 11.1 and 11.2 of the guidelines issued by the respondent no. 1- Ministry of Social Justice and Empowerment, Government of India, laying down guidelines in respect of the Post Matric Scholarships to the Students Belonging to Scheduled Castes for Studies in India (2020-21 to 2025-26) issued in the month of March 2021 (hereinafter 'Guidelines'). In some of these petitions there is a challenge to even the subsequent government resolution issued by the Social Justice and Special Assistance Department of the Government of Maharashtra (respondent no. 2 in WP no. 3797/2022) dtd. 17/3/2022 adopting the Guidelines.

(3.) Before adverting to the rival submissions it would be apt to understand the scenario leading to the dispute : With the avowed object of ameliorating the conditions of the Scheduled Caste students who are unable to pursue higher education for want of means, a scheme has been in place at least since 1959-60. It is in the nature of financial assistance for taking higher education in specified fields. The private institutions operating in the field like the petitioners are mandated to admit the students belonging to Scheduled Castes, without charging any fees and are being reimbursed the tuition fees, hostel fees etc. by the Union and the State Governments. Till the Guidelines were issued in March 2021, the institutions were being reimbursed by directly crediting money in their accounts. The impugned clauses 11.1 and 11.2 which seek to change this mechanism are the bone in the flesh. These clauses mandate that any disbursement of the entire scholarship amount including the tuition fees, academic allowance and any other admissible allowance to be paid directly into the account of the students only, through Direct Beneficiary Transfer (DBT), preferably through an Aadhaar Based Payment System (ABPS) (Aadhaar Payment Bridge) from the year 2021-22. Even the State Governments have been mandated to release the payments through Public Financial Management System (PFMS) so that the accounts of the students need not be required to be validated again. The State Governments are also directed to release their share of 40% directly into the bank account of the students. The clauses 11.1 and 11.2 read as under :