The Supreme Court declines to consider a PIL requesting the enforcement of the Central Government’s post-matric scholarship program for scheduled caste students in Bihar.
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NEW DELHI: The Supreme Court of India declined to entertain a Public Interest Litigation (PIL) seeking the implementation of the Centre’s post-matric scholarship scheme for Scheduled Caste (SC) students in Bihar. This decision highlights the intricate balance between the judiciary’s role in overseeing government actions and respecting the autonomy of state policies.
The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, acknowledged the merit of providing scholarships to students from marginalized communities. However, they emphasized that the judiciary cannot compel the government to allocate funds for a scheme if its execution is optional for the state government. The bench stated,
“The government says that it does not have money. Can we force the government to give scholarships? Everybody likes scholarships, especially to the SC/ST children, but we cannot force them.”
Senior counsel Sanjay Parikh, representing the petitioner Rajeev Kumar and others, urged the court to adopt a sympathetic stance on the matter. He highlighted the importance of implementing the Centre’s “Freeship Card” scheme in Bihar, which could benefit thousands of SC students. Parikh pointed out the alleged arbitrary limitation by the Bihar government on the maximum amount of post-matric scholarship, including tuition fees and other non-refundable fees payable to eligible beneficiaries under the scheme, and its non-implementation.
However, the bench responded firmly, stating,
“We cannot run the government…We will be breaching the separation of power if we say anything.” They suggested that the petitioner seek alternative recourse, indicating that this was not a matter for judicial resolution: “Take it at a different level and not judicially…It’s not a matter for the courts.”
The PIL was initially filed by Bihar resident Rajeev Kumar and the organization Youth for Dalit Adivasi Rights, following the rejection of their plea by the Patna High Court in August 2023. The Freeship Card, or the post-matric scholarship scheme, is a flagship program of the Union Ministry of Social Justice and Empowerment. It aims to increase the gross enrolment ratio of SC students in higher education in India, focusing on those from the poorest households. Under this scheme, beneficiaries are selected by the respective state government or Union territory, with funding shared between the Centre and the state in a 60:40 ratio.
The Patna High Court, while refusing to issue a directive to Bihar for implementing the scheme, stated that courts cannot direct the implementation of a central government scheme that is optional for the state government. The court acknowledged the policy decision of the state’s executive, noting that any judicial interference would overstep the wisdom of the state government. The Bihar government had submitted that it had introduced its own scheme for granting post-matric scholarships, not only for SC but also for Scheduled Tribe students in the state.
In conclusion, the Supreme Court’s decision not to intervene in the implementation of the Centre’s scholarship scheme in Bihar is a significant reminder of the judiciary’s role in respecting the separation of powers and the autonomy of state policies. While acknowledging the importance of supporting marginalized students, the court has highlighted the complexities involved in judicial review of government policies, especially those related to fiscal allocations and state-level decision-making.
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