Bombay High Court Upholds Excluded Private School Students from Participating In The Scholarship Examination

In a recent judgment by the High Court of Judicature at Bombay Bench at Aurangabad, the eligibility criteria for the National Means cum Merit Scholarship Scheme was upheld. The court emphasized its limited role in reviewing government policies and reiterated the importance of adhering to established legal principles.

The case, brought forth by Sri Sri Ravishankar Vidya Mandir, a recognized unaided private school, challenged the eligibility criteria that excluded private school students from participating in the scholarship examination. The petitioner argued that this exclusion was arbitrary and unreasonable, asserting that students in private schools could also come from financially weaker backgrounds.

The judgment, delivered by Justices MANGESH S. PATIL and SHAILESH P. BRAHME, underscored the government's objective of providing scholarships to economically disadvantaged students to prevent dropouts at the eighth-grade level. The court acknowledged the petitioner's concerns but maintained that the government's decision-making in policy matters should be respected.

The observation from the judgment stated, "The Court cannot sit in judgment over the wisdom of the policy evolved by the Legislature and the subordinate regulation-making body. It may be a wise policy which will fully effectuate the purpose of the enactment or it may be lacking in effectiveness and hence calling for revision and improvement. But any drawbacks in the policy incorporated in a rule or regulation will not render it ultra vires, and the Court cannot strike it down on the ground that, in its opinion, it is not a wise or prudent policy, but is even a foolish one, and that it will not really serve to effectuate the purposes of the Act."

While recognizing the genuine concerns raised by the petitioner, the court emphasized that policy matters are within the domain of the government and should not be interfered with unless they violate statutory provisions, the Constitution, or the principles of reasonableness.

High Court upheld the eligibility criteria for the scholarship scheme, reaffirming its limited role in reviewing government policies and decisions. The judgment serves as a reminder of the separation of powers and the need to respect the government's prerogative in formulating policies that align with their objectives and resources.

Date of Decision: 08.09.2023

Sri Sri Ravishankar vs Government of India

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