- Case
- VAIBHAV NANDKISHOR HIWALE v. STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS (Bombay High Court, 06-01-2025)
- Law
- Constitution of India.
Facts: The petitioner, a student belonging to the Scheduled Caste category, initially enrolled in a B.C.S. course at Padmavati College (Respondent No. 5) in 2019 and received some scholarship installments. He subsequently cancelled his admission and secured admission to Maharashtra National Law University (MNLU) (Respondent No. 6). He then applied for a scholarship for his law course, which was denied. The petitioner had refunded the initial scholarship amount received during his B.C.S. course.
Procedural Posture: The petitioner filed a writ petition in the High Court of Judicature at Bombay, Bench at Aurangabad, seeking directions for securing the scholarship benefits denied to him and for the return of the scholarship amount by Respondent No. 5 to Respondent No. 4.
Issue: Is the petitioner entitled to receive the Post Matrix Scholarship for his B.A. LL.B. course at MNLU, considering his prior enrollment in a different course, receipt of scholarship for that course, and subsequent cancellation of admission?
Holding: Yes, the petitioner is entitled to receive the Post Matrix Scholarship from the year 2021-2022 onwards, provided he complies with the necessary formalities and submits the required documents.
Reasoning: The Court reasoned that the petitioner's conduct did not exhibit any mala fides or intention to usurp the scholarship. He had refunded the scholarship amount received for the earlier course. The Court distinguished the case from the scenario prohibited by Government Resolution dated 01.11.2003, stating that the petitioner's earlier course "didn't commence" as he was absent since the beginning and did not appear for the semester examination. The court acknowledged some inconsistencies in the petitioner's application forms and a delay in the formal cancellation of his earlier admission but deemed it too harsh to deprive him of the scholarship for his entire five-year law course based on these issues. The Court directed the respondents to process the application without insisting on procedural technicalities, with the awarding of the scholarship subject to merit and eligibility.
