Can’t direct state govt to implement Central scheme: Patna HC

The Patna High Court has held that it “cannot by a judicial order direct implementation of the scheme formulated by the Central government; which can be implemented only at the option of the state government”.

The bench of Chief Justice Vinod K Chandran and Justice Partha Sarthy gave the order after hearing a public interest litigation (PIL) seeking implementation of the post-matric scholarship scheme for the scheduled caste students between 2020-21 to 2025-26.

The order, passed last week, was uploaded on Monday.

It was alleged in the PIL that without fully implementing the guidelines issued by the central government, the state of Bihar has arbitrarily limited the maximum amount of post-matric scholarship, including tuition fees and other non-refundable fees payable to eligible beneficiaries under the scheme, and in many instances, not implemented.

“We decline interference to the scheme already formulated by the state government and refuse to issue any positive directions based on the guidelines produced. We dismiss the writ petition with the fervent hope that the state would always remain alive to the needs of the marginalized and constantly endeavour in uplifting the downtrodden,”the bench observed.

Maintaining that the state government also raised concerns about optimum disbursal of funds ensuring maximum coverage of all marginalized sections of the society, which could not be brushed aside, the court said these are all matters coming within the policy domain of the state. “If the scheme is implemented, there is a sharing of the financial liability by the Centre and the State at 60:40,” the bench added.

The government pointed out that the guidelines covered the SC students only, while the Bihar government has a scheme for the scheduled tribe students too. Bihar government also provides such reliefs to extremely backward class community as identified in the state.

“The court would not interfere and issue directions to overstep the wisdom of then executive government. The guideline is for implementation of a scheme framed by the central government is not statutory in nature and there is no mandate on the state government to implement it, especially if better schemes are available for the targeted category,” the bench added.

The court said the role of the state governments is to adopt a methodology suitable to the local conditions for identification of students and to additionally make special efforts to identify the poorest households from various sources so as to enrol the eligible students under the scheme in a mission mode.

“The scheme provision clearly indicates that there is an option on the state governments and Union Territory administrations for implementing the scheme and the guidelines are applicable only if it is implemented,” it added.

Earlier, in course of the hearing, the state government maintained that “it is sensitive and committed towards the welfare of the SC and ST students and while remaining cognizant of the issue regarding upgradation of educational qualifications for such marginalized section, the governance matrix also require optimum use of financial resources of the State”.