Can’t direct Bihar government to implement central scheme: Patna high court

PATNA: The Patna high court has rejected a request that sought implementation of the post-matric scholarship scheme formulated by the central government, ruling that the high court cannot issue such a judicial order to direct implementation of a central scheme.

The bench said the central government’s guideline in respect of the scheme was 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.”

“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,” a bench of chief justice Vinod K Chandran and justice Partha Sarthy said.

The petition alleged that the Bihar government arbitrarily restricted the maximum amount of post-matric scholarship, including tuition fees and other non-refundable fees payable to eligible beneficiaries under the scheme. The order, passed last week, was uploaded on Monday.

Responding to the petition, the Bihar government told the high court that the central scheme’s guideline only covered SC students whereas the state government’s scheme covered Scheduled Tribe students as well and provided relief to students from the Extremely Backward Classes (EBC)

“The court would not interfere and issue directions to overstep the wisdom of the executive government,” the bench said.

The high court added that the state’s role was 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 to enrol them 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.