The Bombay High Court would be deciding whether the 'pre-matric' scholarship for students of minority communities is discriminatory,and whether it violates constitutional principle of equality. A PIL filed by Jyotika Wale,an educationist,has challenged the scholarship scheme,floated by Union Human Resources Development Ministry,in 2008. Her lawyer,advocate Anirudh Rajput,on Thursday argued that the scheme discriminates against Hindu students,and it lumps together all the minority communities,whether or not they are socially and economically backward. "Parsis can not be called backward," he said,adding that petitioner did not want to do away with the scheme,but wanted it extended to students from all the communities. It violates article 15 of the constitution,he said. Defending the scheme,government pleader Rui Rodrigues said that Sacchhar Commission's report showed that minority communities such as Muslims were lagging behind. He said there were several other schemes which benefited Hindu students too. Article 15,which bars discrimination on the ground of religion,however allows special provisions for "socially and educationally backward classes". "But can you define socially backward class with a religion?" asked Justice Dhananjay Chandrachud. But the judge later conceded that "religion can be one of the indicators of social backwardness of a class." Advocate Rajput argued that article 15 makes exception for a social class,but a single community,such as Muslims,cannot be treated as a "homogeneous" class,as not all strata of that community are socially backward. "Khojas,for e.g.,are not backward." "The class in such a case must be homogeneous,Supreme Court has said in an earlier case," he said. But advocate Rodrigues pointed out that the students whose parents earn more than Rs one lakh annually cannot take benefit of the scheme. Since there is another PIL which deals with the same issue,division bench of Chief Justice Mohit Shah and Justice Chandrachud directed that both the PILs be clubbed together,and adjourned hearing to December 9.
