The Bombay High Court has ruled against the income limit criteria for foreign scholarships.

The Bombay High Court recently ruled against the income limit criteria for foreign scholarships, asserting that it unjustly denies economically disadvantaged candidates access to crucial benefits. This landmark decision was prompted by a writ petition filed by Mayur Sanghrakshit Patil, a 28-year-old student from Nagpur. Patil challenged the fairness of the clause, emphasizing its detrimental impact on students facing financial hardships, including himself.

In a landmark decision covered in the Financial Express dated 11th March 2024, the Nagpur bench of the Bombay High Court has invalidated a controversial clause, Clause D(2), from a government regulation. This clause, which eliminated the income criterion for foreign scholarships, was found to cause disparities in the allocation of study-abroad scholarships.

The division bench, comprising Justices Avinash Gharote and MS Jawalkar, delivered the verdict on Wednesday (May 8), emphasizing the need to address inequities and uphold fairness in educational opportunities. The bench observed that Clause D(2) exempted students enrolled in the top 100 QS World University Ranking institutions from income requirements. This exemption allowed financially capable students to access benefits intended for economically disadvantaged candidates, thereby distorting the original intent of the scholarship scheme.
The ruling stemmed from a writ petition filed by Mayur Sanghrakshit Patil, a 28-year-old student from Nagpur, who contested the unfairness of the clause. He specifically highlighted its negative effects on economically disadvantaged students, including himself.
Patil, a Scheduled Caste (SC) category member, challenged the clause's implications, citing his own financial struggles in pursuing higher education abroad. Despite being accepted into a program at Duke University in the USA, Patil faced obstacles in securing a loan due to his family's limited financial resources, thereby depriving him of his educational opportunities.

"The scheme's benefits are being utilized by financially stable students who can afford to finance their education abroad themselves. My family's annual income of Rs 2,78,000 places us in the lower-income category," Patil stated, as quoted by news agency PTI.

Patil also provided details about other students and their guardians' income.

The court acknowledged the information presented, highlighting that students whose guardians have higher incomes and are well-established in life have been awarded scholarships. This contradicts the scheme's original purpose, which aimed to provide scholarships to individuals unable to afford international higher education.

The court's review identified a discrepancy caused by clause D(2), which exempted students admitted to the top 100 QS World Ranking institutions from income criteria. This exemption allowed financially advantaged students to benefit from scholarships intended for economically disadvantaged candidates, thereby distorting the scheme's intended goals.
The court also highlighted the government's inconsistent approach towards income criteria, noting revisions due to factors like the COVID-19 pandemic. Discussions had suggested revising the maximum family income to Rs 8 lakh, but no formal amendment was implemented, leaving the 2017 resolution unchanged.

Emphasizing the importance of maintaining the scholarship's original purpose, which is to facilitate access to higher education for backward caste students, the verdict annulled Clause D(2). This decision aims to correct the disparity in scholarship allocation and ensure equitable access to educational opportunities.

Furthermore, the court instructed the authorities to reevaluate Patil's scholarship application within two weeks in light of the ruling's implications.

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