Delhi HC upholds award of govt scholarship to student headed for Oxford, questions vague list of required documents

While providing him with relief, the single-judge bench had directed the ministry to process Kukadia’s application for the scholarship under the National Overseas Scholarship scheme for the academic year 2024-25 and grant the scholarship within two weeks.

The Union government appealed against the verdict before a division bench. Arguing before the court of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela on Monday, the Centre’s counsel said there were four scholarships available under the landless labourers and artisans from notified tribes category, and all the four scholarships had already been allotted.

“We have already allotted scholarships to four persons from the notified tribe. One of them will be denied the scholarship if he (Kukadia) is selected… We are not able to decide (who will be made ineligible)… One would be denied without being heard… I feel sad that they will be denied, they are too poor to come to court,” the government’s counsel Rajesh Gogna argued.

Kukadia’s counsel, Vijay Dahiya, meanwhile, countered that a merit list was drawn and the government could simply follow it. He submitted, “The whole list is on merit. I was above all four. So it is clear the fourth (will) have to go.”

Addressing the government counsel, ACJ Manmohanorally remarked that there was a mistake at the government’s end itself initially with vaguely stipulated conditions in the list of required documents. “There is nothing called ITRA (income tax return acceptance)…mistake is at your end initially…there is no sanctity of this in law (ITRA)…If, according to you, he is less meritorious, no one will grant it.”

Seeking the court’s “direction or guidance”,Gogna urged it to decide who should be the one student whose scholarship should be denied so that Kukadia can be granted the same in compliance with court’s direction. ACJ Manmohan remarked, “The least meritorious has to go, you’ve to apply your mind.”

The division bench, while upholding the single-judge bench’s order, noted, “This court is of the view that the term ITRA is of no legal import and has no legal sanctity attached to it…Either the appellant should have asked for an ITR acknowledgement document or for the order accepting the return filed by the applicant….”

“Appellant (Union of India) submits that amongst all the candidates the respondent (Kukadia) is more meritorious in view of the university opted for by the respondent (Oxford University)… Needless to state that since the single judge has not created a supernumerary seat, the candidate who is the least meritorious may have to give way to the respondent,” the division bench held.

Meanwhile, speaking to The Indian Express, Dahiya said that Kukadia was due to leave for the United Kingdom on September 26 and was yet to receive the scholarship.