[2025:RJ-JP:50259] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18608/2025 Aaradhya Jain Son Of Lokesh Kumar Jain, Aged About 23 Years, Resident Of Plot No. 678, Laxman Path, Vivek Vihar, Shyam Nagar Extension, Jaipur- 302019, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Department Of College Education, Block - Iv, Dr. S. Radhakrishnan Shiksha Sankul, Jawahar Lal Nehru Mart, Mahesh Nagar Phatak, Bajaj Nagar, Jaipur, Rajasthan, 302015 2. The Commissioner, Department Of College Education, Block - Iv, Dr. S. Radhakrishnan Shiksha Sankul, Jawahar Lal Nehru Mart, Mahesh Nagar Phatak, Bajaj Nagar, Jaipur, Rajasthan, 302015 3. The Joint Director (Academic), Commissionerate Of College Education, Block - Iv, Dr. S. Radhakrishnan Shiksha Sankul, Jawahar Lal Nehru Mart, Mahesh Nagar Phatak, Bajaj Nagar, Jaipur, Rajasthan, 302015 ----Respondents For Petitioner(s) : Mr. Himanshu Bumb Mr. Asad Sheikh For Respondent(s) : Mr. S.S Naruka, AAG with Mr. Sachin Singh Rathore Mr. Anshuman Singh HON'BLE MR. JUSTICE ANUROOP SINGHI Order 10/12/2025 1. The present writ petition has been filed with the following prayers:- “It is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to allow this writ petition and by an appropriate writ, order or direction: A. That this Hon’ble Court may kindly declare that the Petitioner, having been selected under the 2023-24 cycle of the foreign scholarship scheme then titled “Rajiv Gandhi Scholarship for Academic Excellence now Swami [2025:RJ-JP:50259] (2 of 11) [CW-18608/2025] Vivekananda Scholarship for Academic Excellence Scheme (SVS Scheme).”, is entitled to the benefits and terms of the said scheme as applicable at the time of his selection (Annexure 2); B. That this Hon’ble Court may kindly quash the Respondents’ action of restricting the Petitioner’s scholarship to a period of 1 year and further direct the Respondents to release scholarship financial assistance for the entire duration of the Petitioner’s 2nd year Postgraduate course at Monash University, Australia; C. That this Hon’ble Court may kindly direct the Respondents to pay 100% of the tuition fees as per the guidelines applicable to the 2023-24 selection cycle, without imposing any 15% deduction under the “E2” category; D. That this Hon’ble Court may kindly direct the Respondents to immediately release the outstanding tuition fee amount of AUD 12,566.25 (or such other amount as may be found due) to Monash University so as to protect the Petitioner from academic encumbrance, denial of academic access, and any adverse immigration consequences; E. Any other writ, order or direction, which this Hon’ble Court may deem just, fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the Petitioner.” 2. A perusal of the above prayers reveal that the present petition has been filed, seeking an issuance of direction to the respondent – State to release the scholarship amount in favor of the petitioner under the Swami Vivekananda Scholarship (SVS) scheme, (2023-24) (hereinafter referred to as the “Ist SVS Scheme”) for which the petitioner was held entitled under “E2” category. The occasion for the petitioner to approach this Court arose as the respondents by applying the amended (SVS) Scheme, (2024-25) (hereinafter referred to as the “IInd SVS Scheme”) has not only reduced the amount of total scholarship of the petitioner from Rs.50,00,000/- to Rs.42,50,000/- but has even deducted certain amount from the same. [2025:RJ-JP:50259] (3 of 11) [CW-18608/2025] 3. Learned counsel for the petitioner Mr. Himanshu Bumb submits that the initial application was filed by the petitioner under the erstwhile “Rajiv Gandhi Scholarship for Academic Excellence Scheme” for the academic year 2023-24, bearing application ID RGSSAE/2023-24/995 dated 20.12.2023 in E2 category. 4. The petitioner’s application was evaluated under phase 3 of selection process on 15.11.2023, which is also duly mentioned in the final selection order dated 14.08.2024. 5. Learned counsel for the petitioner submits that on the basis of merits, the petitioner was selected for grant of scholarship for pursuing the Post Graduation Degree, ‘Master of Business’ (B6005) from Monash University, VIC, Australia. Learned counsel further submits that Ist SVS scheme i.e. the scheme under which the petitioner applied is having reference No. Rajkaj Ref No.6113719 and the petitioner was selected under the category of E2 and thus, was entitled for a financial assistance/scholarship of maximum amount of Rs.50,00,000/- per year, which is evident from Clause 10 of the said Ist SVS scheme. Relevant extract of the said Clause 10 reads as under:- 10. छातवृतत संबंधी तवतीय पावधान (i) छातवृतत हेतु तनमांतकत पकार से तवतीय सहायता पदान की जाएगी - शेणी टूशन फीस कोसर अवतध के दौरान ( पततवरर अतधकतम) कोसर अवतध के दौरान तलतवंग एकपेसेज वातररक रखरखाव भता, वातररक आकससक व उपकरण भता, तचतकता बीमा पीतमयम, Accomodation, TCS आतद समस खचचार [2025:RJ-JP:50259] (4 of 11) [CW-18608/2025] हेतु एवं एकबारगी खचार हेतु अतगम भुगतान, वीजा शुल, तवदेश जाने एवं भारत आने का इकोनॉमी कास का तवमान तकराया, लेपटॉप आतद E2 50 लाख रपये योजनानगरत कोसर अवतध के दौरान तलतवंग एकपेसेज हेतु पतेक माह 50000 रपये 6. Learned counsel further submits that even as per Clause 4 of the said scheme, the tenure of the post graduation course being of two years, the scheme specifically provided that the financial assistance will be made available for the complete duration of the course. Relevant extract of the said Clause 4 reads as under:- 4. योजना के अनररत छातवृतत की अवतध (i) उक योजनानगरत तवशतवदालय / संसान दारा तनतदरष पाठकम/ अनुसंधान की नूनतम तनधारररत अवतध ( तबना तकसी अतभवृसद के की पूणरता तक अथवा नीचे उलेसखत पाठकम की अवतध तक, मे से जो भी पहले हो, के तलए तवतीय सहायता पदान की जावेगी- (अ) पोस- डॉकरल अनुसंधान अतधकतम 1.5 ( एक वरर छ माह) वरर। (ब) पीएचडी- अतधकतम 3 (तीन) वरर। (स) सातकोतर उपातध अतधकतम 2 (दो) वरर। (द) सातक उपातध अतधकतम 4 (चार) वरर 7. Learned counsel for the petitioner further submits that in the selection letter dated 14.08.2024, reference with respect to the tuition fees has been made to an amount of maximum Rs.50,00,000/- per year, subject to provision 10 (xii, xvi, xviii), [2025:RJ-JP:50259] (5 of 11) [CW-18608/2025] which is the amount of scholarship provided in the Ist SVS Scheme, which confirms that the selection letter has been issued by the respondents to the petitioner by applying the Ist SVS scheme. 8. Learned counsel for the petitioner further submits that even in the indemnity bond which petitioner was made to execute on 05.08.2024, specific reference was made to the Ist SVS scheme as is evident from the fact that the said bond specifically mentions about the scheme No. Rajkaj Ref. 6113719 dated 15.03.2024 which is undisputedly the reference number of the Ist SVS Scheme. 9. Learned counsel further went on to submit that perusal of the decision taken by the respondents in its meeting held on 20.11.2024 on cases related to deferment of SVS 2023-2024, reveals that name of the petitioner finds place at serial no.2 wherein, it has been specifically mentioned that his course started on 26.02.2024, however, the deferred course has started from 18.11.2024. Thus, on the basis of above factual aspects, learned counsel for the petitioner prayed that the petitioner was considered under the Ist SVS scheme having ID Rajkaj Ref 6113719, as per which, the petitioner is entitled for maximum scholarship of Rs.50,00,000/- per year and that too for the entire duration of the course which is of two years in the present case and subsequently, it is not open for the respondents to apply the IInd SVS scheme resulting into curtailing the benefits of the petitioner. 10. Learned counsel at the end submits that he has already pursued the 1st semester of the course with the said University, of [2025:RJ-JP:50259] (6 of 11) [CW-18608/2025] which even a part of the scholarship amount has been paid by the State. However, his fee for the 2nd semester has been released by the State after making arbitrary deductions by applying the IInd SVS scheme which is not applicable upon the petitioner. 11. Lastly, it has been submitted by the petitioner that in the event of petitioner not being able to deposit the requisite fee amount with the University, for no fault of his, not only he would be debarred from further studies, but even the respondents will initiate proceedings for recovery of the amount already paid by them, which will ruin his entire academic career and future life. 12. E-converso, Mr. S.S Narurka, learned Additional Advocate General, appearing for the respondent – State specifically submits that as the final selection of the petitioner was done on 14.08.2024, it is the IInd SVS scheme having reference ID No. Rajkaj Ref. 7209665, which will be applicable and will govern the petitioner. 13. Learned AAG submits that as the petitioner has been admitted for the academic session 2024-25, as per Clause 1(iv) of the IInd SVS scheme, he cannot claim applicability of the Ist SVS scheme. The said clause 1(iv) reads as under:- “1. नाम एवं ऍपपके तबतलटी:- (i) ……. ( ) …... ⅱ ( ) ….. ⅲ (iv) तवतीय वरर 2023-24 एवं पूवर की अवतध मे चयतनत अभतररयोंपर तदनांक 15-3-2024 को जारी राइडलाइन ही पभावी रहेरी। (v) …….” [2025:RJ-JP:50259] (7 of 11) [CW-18608/2025] 14. Learned AAG further submits that even the petitioner has executed the letter of acceptance (Annexure R-1) on 14.08.2024 and thus, he cannot claim applicability of the Ist SVS scheme. 15. Learned counsel further submits that as per Clause (4) of the indemnity bond dated 05.08.2024, the petitioner has very well accepted that the scheme as amended from time to time would be applicable and thus, it does not lie in the mouth of the petitioner to contend that it is the Ist SVS scheme which will govern his case, more so, when the selection letter was issued on 14.08.2024, during which, it was the IInd SVS scheme which was applicable. Accordingly, the counsel prays that the writ petition deserves to be dismissed. 16. I have heard learned counsel for the parties and perused the record. 17. Scholarship, is and has always played a pivotal role in bridging the financial gap between the availability of funds and the cost of higher education. For a large number of students, financial constraints become a serious obstacle in pursuing higher studies at reputed institutions and it is these scholarships that play a crucial role in bridging this financial gap and enabling deserving students to continue their education. They are not merely financial assistance but represent life-changing opportunities that empower merit and nurture talent. The very object of a scholarship is to ensure that lack of resources does not defeat educational aspirations. 18. The Swami Vivekananda Scholarship for Academic Excellence Scheme, formerly known as the Rajiv Gandhi Scholarship for Academic Excellence, is an initiative of the Government of [2025:RJ-JP:50259] (8 of 11) [CW-18608/2025] Rajasthan with the object of enabling meritorious students who are residents of the State to pursue higher education at leading institutions in India as well as at globally top-ranked universities abroad. The Scheme applies to students seeking to undertake Undergraduate, Post-Graduate, Ph.D. and Post-Doctoral research programmes. Under the Scheme, the selected candidates are extended the benefit of full tuition fees along with living expenses, in accordance with their respective category. 19. The benefits under this Scheme are divided into three categories, i.e., E1, E2, and E3 and the said categories are further divided as per the academic requirements, i.e., Tuition Fees & Living Expenses. The category of the student is determined on the basis of the annual income of the family of the student in the following manner:- For E1: Annual income less than 8 Lakhs For E2: Annual income between 8 to 25 Lakhs For E3: Annual income more than 25 Lakhs E1, E2 & E3 Categories define distinct income brackets that determine the level of financial assistance awarded in each category. 20. Below mentioned facts forms part of record:- (a) The petitioner applied for scholarship on 20.10.2023 under E2 category under the Ist SVS Scheme; (b) Evaluation of the petitioner was done on 15.11.2023 (as is also mentioned in the final selection letter dated 14.08.2024), the date on which the Ist SVS scheme was in force. [2025:RJ-JP:50259] (9 of 11) [CW-18608/2025] (c) As is evident from the final selection letter dated 14.08.2024, the application ID of the petitioner being – Application ID RGSSAE/2023-24/995 dated 20.10.2023 and so also the serial number of the said selection letter being S.No. F9/SVS/CCE/2023-24/995 refers to year 2023-24. (d) The indemnity bond executed by the petitioner and duly accepted by the respondents, mentions the Ist SVS scheme as in no unequivocal terms, it refers to G.O. (Raj Kaj Reference No.6113791) dated 15.07.2024 which is the reference number for the Ist SVS scheme, and undisputedly the said indemnity bond has been duly accepted by the respondents. (e) The reference number of the new scheme is Rajkaj Reference No.7209665 which is not mentioned in the said indemnity bond. (f) The final selection letter dated 14.08.2024 in no uncertain terms provided that the financial assistance under the scheme would be maximum Rs.50,00,000/- per year, which is very much as per the Ist SVS scheme, as in the IInd SVS scheme, the said amount has been reduced to Rs.42,50,000/-; (g) Clause (4) of the Ist SVS scheme read with its Clause 10(1) makes it evident that the financial assistance to be provided under the Ist SVS scheme is for the entire course, which in the present case being a post-graduate course is of two years and further the maximum amount of Rs.50,00,000/- is per annum and not for the entire course. [2025:RJ-JP:50259] (10 of 11) [CW-18608/2025] (h) Also, the decision taken by the committee on cases related to deferment of SVS 2023-24 duly records the name of the petitioner at serial No.2, wherein even the commencement date of the course has been mentioned as 26.02.2024 which stood deferred to 18.11.2024. 21. In view of the above uncontroverted facts and documents on record, under no circumstances, the petitioner can be deprived of the benefit as encapsulated in the Ist SVS Scheme, more particularly with respect to the amount of scholarship being maximum Rs.50,00,000/- for each year, which is to be provided for the entire duration of the course. 22. Applying the IInd SVS scheme upon the petitioner, solely on the ground that the final selection letter was dated 14.08.2024 will neither be justified in letter or in spirit, as it is not the case of the respondents that even the deferment of the petitioner has been done on account of any fault of the petitioner. The very intent of the State Government in floating such scholarship schemes is absolutely pious and is to promote education and thus, the said purpose itself would stand defeated in case any such interpretation is taken. Any hyper-technical approach on the part of the respondents, particularly in matters relating to beneficial and welfare-oriented schemes, is wholly impermissible. The object of the present Scheme is to promote academic excellence and to ensure that deserving students are not denied opportunities on account of their economic limitations. Therefore, the provisions of the Scheme are required to be construed in a purposive, pragmatic and liberal manner, so that its true spirit is advanced [2025:RJ-JP:50259] (11 of 11) [CW-18608/2025] and not frustrated by rigid, mechanical or hyper- technical application. 23. Thus, in view of the above facts and circumstances, the writ petition is allowed and it is held that it is the Ist SVS scheme which will apply upon the petitioner and he will be entitled for all the benefits accruing to him from the Ist SVS scheme, more particularly with respect to the amount of financial assistance/scholarship being maximum Rs.50,00,000/- per year, and the same being paid for the entire period of the course i.e. two years in the present case. 24. Further considering the fact that the payment of fees by the petitioner would be a pre-requisite for getting extension of visa, it is not only directed but even expected from the respondent – State Authorities to ensure that the said amount of financial assistance/scholarship is released forthwith and without any delay so as to enable the petitioner to deposit the requisite fee with the Monash University. As it has been informed that the last date for making the said payment is 12.12.2025, which is evident from the e-mail dated 17.11.2025 received from the Monash University, the State Government is directed to ensure release of the said scholarship amount in favor of the petitioner or any other bank account as per the terms of the scheme and University concerned on or before 12.12.2025. 25. All pending application(s), if any, stands disposed of. (ANUROOP SINGHI),J DIKSHA MISHRA /97