ALOK SHARMA,J. - (1.) All the four petitions agitate an identical issue and hence are being disposed of by this common judgment. Facts in SBCWP No. 4922/2017 alone are however being adverted to for the purpose of this judgment.
(2.) The petitioners belong to the Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC) categories. In this writ petition, they pray that the respondents be directed to release/pay to them the scholarships under the Centrally Sponsored Post Metric Scholarship Scheme (hereinafter 'the Scheme') for B.Sc. Nursing Course to which they have been admitted to colleges recognized by the Indian Nursing Council and for which State Governments have issued NOC for the Academic Year 2015-16 alongwith interest @ 18 % p.a. Their case is that they are all State of Rajasthan residents eligible and entitled to the scholarship under the Scheme and are being illegally and arbitrarily denied due scholarships. It has been submitted that the requisite tuition fee has been deposited by the petitioners with the colleges for the academic year 2015-16 i.e. for 1st year of the three year nursing course and thereafter having completed all formalities with requisite documentation applications for scholarship under the Scheme were filed seeking reimbursement. Yet without there being any lacunae/deficiency in the documentation and eligibility of the petitioners under the said scheme, the Scholarship it is not being paid without any justification. It has been submitted that the Scheme sponsored by the Central Government for the targeted students of SC, ST, OBC is to be implemented by the State Government which is to pay the amounts due as scholarship under the said scheme. The said scheme has a social welfare object to facilitate students from the deprived backgrounds to pursue Post Metric studies from recognized institutions. The Central Government's assistance for SC students is provided on 100% basis to all States/UTs over and above their respective liability for grant of scholarships in issue. The component of the scheme includes maintenance allowance, reimbursement of non-refundable compulsory fee charged by educational institutions, book bank facility and certain other allowances. It has been submitted that the monetary incentive in the form of scholarship covers professional, technical as well as non-professional and non-technical courses at various levels for SC/ST/OBC students and there is no dispute that the petitioners are eligible for the benefits of the scholarship under scheme all through while undergoing a three year B.Sc. Nursing Course from a recognized institutions. A demand notice dated 16.01.2017 against the illegal and arbitrary action of the respondents in not releasing the due scholarship under the Scheme despite the petitioner's eligibility and entitlement was sent, yet of no avail. Hence this petition for appropriate directions.
(3.) In the reply to the petition, the primary defence taken by the State Government is that Scheme for Post Metric Scholarship to the students belonging to the SC, ST, OBC's is not open ended entitling all those eligible to a scholarship without anything more. It entails, it has been submitted the announcement and implementation of scheme by the State Government. And under Clause XI of the Scheme effective commencing 01.07.2010 all the State Government/UT Administrations are to announce the Scheme in May-June, set out its details and invite applications by issuing advertisements in the leading newspapers of the State and through the State Government's respective websites and other media outfits. Thereafter, all requests for application forms and other particulars are to be addressed before the last date prescribed for receipt of applications to the Government of State/Union Territory Administration to which the scholars actually belong. Adverting to Clause XIII of the Scheme, it was submitted, it is to be implemented by the State Governments and Union Territory Administrations on the condition of receipt of 100 per cent central assistance from Government of India for the total expenditure under the scheme over and above the State Government/UT's committed liability. The level of Committed Liability of respective State Government/Union Territory Administrations for a year is equivalent to the level of actual expenditure incurred by them under the scheme during the terminal year of the last Five Year Plan Period and is required to be borne by them for which they are required to make requisite provision in their own budget. It has been submitted that a conjoint reading of Clause XI and XIII of the scheme effective 01.07.2010 thus indicates that while announcing the scheme and inviting applications, the State Government can regulate the disbursement under the scheme inter alia in view of the budgetary constraints/limited funds for the Post Metric Scholarship.;