Minority scholarship constitutional: HC
Mahesh Trivedi / 16 February 2013
AHMEDABAD - The Gujarat High Court on Friday ruled that the Centre’s pre-matriculation scholarship scheme for students from minority communities did not violate the provisions of India’s Constitution that prohibits discrimination on grounds of religion.
A five-judge bench turned down the Narendra Modi government’s contention that students belonging to the minorities could not be given scholarships at the pre-matric level on the basis of religion.
However, while three judges were in favour of this judgement, two judges were against it, meaning the Gujarat government will have to implement the scheme.
The larger bench was set up to judge the constitutionality or otherwise of the scheme as two benches had delivered differing verdicts on the issue of conferring of any monetary benefit on any community on religious lines.
Sources in the legal department of the state government told Khaleej Times that Friday’s ruling would be challenged in the Supreme Court after the final order for implementation thereof was made by the two-judge bench which had referred the matter to the five-judge bench.
PILs had been filed by Congress leader Adam Chaki seeking directions to the Modi administration to implement the scheme under which the Centre had allotted Rs100 million for award of 52,260 pre-matriculation scholarships to students in Gujarat whose parents have an annual income below Rs100,000. The scheme has been adopted by all the states except Gujarat, Sikkim and the Union Territory of Lakshadweep.
The two Muslim bodies — the Islamic Relief Committee and the Students Islamic Organisation — as well as the state government and the federal government had criticised the Gujarat government’s stand, saying that on one hand the government spent Rs4 billion on events like Vibrant Gujarat summits, but on the other hand, it did not want to spend Rs40 million annually on minorities.
Under the scheme based on the Sachar Committee report which studied the condition of minorities including Muslims, Buddhists and others in the country, the Centre contributes 75per cent of funds and the state government has to bear 25 per cent of the total amount.
Mahesh Trivedi / 16 February 2013
AHMEDABAD - The Gujarat High Court on Friday ruled that the Centre’s pre-matriculation scholarship scheme for students from minority communities did not violate the provisions of India’s Constitution that prohibits discrimination on grounds of religion.
A five-judge bench turned down the Narendra Modi government’s contention that students belonging to the minorities could not be given scholarships at the pre-matric level on the basis of religion.
However, while three judges were in favour of this judgement, two judges were against it, meaning the Gujarat government will have to implement the scheme.
The larger bench was set up to judge the constitutionality or otherwise of the scheme as two benches had delivered differing verdicts on the issue of conferring of any monetary benefit on any community on religious lines.
Sources in the legal department of the state government told Khaleej Times that Friday’s ruling would be challenged in the Supreme Court after the final order for implementation thereof was made by the two-judge bench which had referred the matter to the five-judge bench.
PILs had been filed by Congress leader Adam Chaki seeking directions to the Modi administration to implement the scheme under which the Centre had allotted Rs100 million for award of 52,260 pre-matriculation scholarships to students in Gujarat whose parents have an annual income below Rs100,000. The scheme has been adopted by all the states except Gujarat, Sikkim and the Union Territory of Lakshadweep.
The two Muslim bodies — the Islamic Relief Committee and the Students Islamic Organisation — as well as the state government and the federal government had criticised the Gujarat government’s stand, saying that on one hand the government spent Rs4 billion on events like Vibrant Gujarat summits, but on the other hand, it did not want to spend Rs40 million annually on minorities.
Under the scheme based on the Sachar Committee report which studied the condition of minorities including Muslims, Buddhists and others in the country, the Centre contributes 75per cent of funds and the state government has to bear 25 per cent of the total amount.
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