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2016 DIGILAW 25 (ORI)

Rahul Pradhan v. Union of India

2016-01-11

DURGA PRASANNA CHOUDHURY, I.MAHANTY

body2016
ORDER : 1. Heard Mr. B. Pradhan, learned Counsel for the petitioner. Mr. B.N. Nayak, learned Central Government Counsel on behalf of opposite party Nos. 1 to 3 and Mr. Bhuyan, learned Addl. Government Advocate on behalf of opposite party No. 4. Challenge in the writ application has been made to Clause-9 of the Prime Minister's Scholarship' Scheme operated by Kendriya Sainik Board for the Academic Year 2015-16. Clause 9 of the said scheme is quoted hereunder: "The facility under PMSS is restricted for first Professional Degree Courses only, such as B.Ed, but not for BA+B Ed. also for LLB not for BA+LLB. In case of integrated ME/M Tech./M Pharma, initial three/four years degree will be given." 2. Mr. Pradhan, learned Counsel for the petitioner submits that a scheme has been prepared under the Prime Minister's Scholarship Scheme (PMSS) with the avowed objective of providing facility since the Academic Year 2006-07 to encourage higher technical and professional education for the dependant wards of Ex Servicemen/Ex-Coast Guard Personnel and their widows (below officer rank only) and dependent wards/widows of Ex-Servicemen/Ex-Indian Coast Guard Personnel who died/disabled in harness due to causes attributable to Military Service/Coast Guard Service, irrespective of rank. The scheme was created to enable 400 students to be selected for such scholarship. It has been latter amended or enhanced to cover 5500 and eligibility criteria has been fixed etc. 3. Mr. Pradhan, further submits that whereas under the eligible courses as mentioned in Clause-8 quoted hereunder cover most professional degree courses. In so far as scholarship for integrated course is concerned as noted hereinabove in clause-9 though the scholarship is available for pursuing LL.B. course, B.A.+LL.B course has been denied the same opportunity. "Professional Degree Courses like BE., B.Tech., BDS, MBBS, B.Ed., BBA, BCA, B Pharma, etc. duly recognized by the respective Government Regulatory Bodies, such as All India council for Technical Education, Medical Council of India, UGC, (Master Degree Courses are not eligible for PMSS except MBA, MCA) Students can see the list of eligible courses for details. Students studying abroad are not eligible for this scheme. Students getting stipend for the professional Degree Courses are also not entitled. No distance learning course is permitted under PMSS, PMSS can be availed for one course only." 4. Students studying abroad are not eligible for this scheme. Students getting stipend for the professional Degree Courses are also not entitled. No distance learning course is permitted under PMSS, PMSS can be availed for one course only." 4. It is submitted that the universities throughout the country as well as National Law Schools set up in various States adopted the 5-year integrated course for pursuing LL.B. courses. Various universities have termed their degrees as either B.A.-LL.B, BBA-LL.B., B.Com-LL.B. and B.Sc.-LL.B. All the courses are approved by the Bar Council of India as well as U.G.C. which has recognized the same as a professional degree. 5. It is asserted that there is no justifiable cause of distinction between a 5-year integrated law course ending with an award of degree and LL.B. degree granted to students who pursue 3-year law course after their completion of graduation. 6. It is asserted on behalf of the petitioner that applications for scholarship was filed to pursue 5-year integrated law courses as they have to pay substantial higher fees to their institutions and denying scholarship of such scheme to applicants who may otherwise be eligible to seek the benefit is clearly discriminatory. 7. Mr. B.N. Nayak, learned Central Government Counsel on the other hand submits that B.A-LL.B. is not integrated course. The first two years of the said course, relate to under-graduate study i.e. B.A. Consequently since it is a dual degree course, the same has been ousted for consideration for grant of scholarship. 8. Mr. Bhuyan, learned Addl. Government Advocate appearing for opposite-party No. 4-Rajya Sainik Board on the other hand submits that it is bound in terms of the scheme to implement the scheme. 9. After having heard learned Counsel for respective parties and in particular after going through Clause-8 as well as Clause-9 of the scheme under Annexure-7, we are in agreement with the contention advanced by learned Counsel for the petitioner, in as much as, the degree offered in 5-year integrated law course i.e. B.A.-LL.B, BBA-LL.B, B.Com-LL.B. and B.Sc.-LL.B. are "integrated courses" and not "dual degree" courses as claimed, by the learned Counsel for the Central Government. These 5-year integrated law courses and are clearly professional course which have been designed by the Bar Council of India for advancing integrated law courses and also duly recognized by U.G.C. 10. These 5-year integrated law courses and are clearly professional course which have been designed by the Bar Council of India for advancing integrated law courses and also duly recognized by U.G.C. 10. We are of the considered view that students pursuing 5-year law degree programmes, ought to have been considered for the scholarship since the aim and objective of scheme is beneficial in nature and it is targeted to benefit the dependent wards/widows of Ex-Servicemen and Ex-Indian Coast Guard Personnel. 11. Consequently, we are of the considered view that making five year integrated law course ineligible would be depriving many of such persons otherwise entitled to be deprived from pursuing courses in law. 12. Consequently, we allow the writ petition and direct the Kendriya Sainik Board to include 5-year LLB integrated course as a professional course for which scholarship ought not to be denied in the scheme by amending Clause-9 by including such course in the eligible list. 13. We direct that the amendments be carried out forthwith in order to ensure that the benefit of scholarship may be available to all eligible candidates. 14. It is further stated that the petitioner has applied for being considered for grant of scholarship. We make it clear that his application may be considered on its own merits in terms of our directions within a period of four weeks from today and, since the petitioner having approached this Court, after making necessary application, his case may be considered in accordance with the scheme and the result thereof may be communicated immediately thereafter. 15. With such observations and directions, the writ petition stands disposed of. 16. Urgent certified copy of the order be granted on proper application. Free copy of this order be handed over to the learned Addl. Government Advocate for the State as well as learned Central Government Counsel for the opposite party Nos. 1 to 3. Disposed off.