KAMALJEET SINGH PARMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court, who is a student, has filed this present petition challenging the constitutional validity of "Mukhyamantri Medhavi Vidhyarthi Yojna", which is a scheme floated by the State of Madhya Pradesh to promote and encourage the students, who have passed 12th Standard Examination with certain percentage of marks. The petitioner is aggrieved by Clause2.3 of the scheme and the same provides that the students, who have passed 12th Standard Examination from Madhya Pradesh Board of Secondary Education, are entitled for incentives under the scheme, in case, they have obtained 75 % or more than 75 % and the students, who have passed 12th Class Examination from CBSC/ICSC Board and who have obtained 85 % marks or above are entitled for incentives under the scheme.

(2.) The petitioner's contention is that the scheme, which discriminates between students, who have passed 12th Standard Examination from M.P. Board of Secondary Education and CBSE/ICSE Board is discriminatory. The petitioner has been admitted to M.B.B.S. course and has secured 79 % marks in the year 2016 from Central Board of Secondary Education and as per the scheme, he is not eligible for the incentives under the scheme. Under the scheme, a student is entitled for complete reimbursement of fees in respect of the courses they have joined after 12th Standard subject to certain terms and conditions. The relevant clauses of the scheme, which are necessary for deciding the present writ petition reads as under:-

(3.) Learned counsel for the petitioner has argued before this Court that there cannot be a discrimination, as has been done by the State Government in respect of the students, who have passed 12th Standard from CBSE and in respect of the students, who have passed from M.P. Board of Secondary Education, and therefore, the scheme deserves to be quashed and a uniform percentage of marks should be prescribed for all such students, who have passed 12th Standard Examination irrespective of their Board.