- 1 - HC-KAR NC: 2026:KHC:30059 WP No. 26705 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26705 OF 2023 (GM-RES) BETWEEN: SRI. MAHABOOB BASHA.T S/O. MOHAMED TAHIR BASHA. C, AGED ABOUT 28 YEARS, REPRESENTED BY HIS ATTORNEY HOLDER, MOHAMMAD TAHIR BASHA, MAJOR, R/AT NO. 330-2, NEAR KOHINOOR AUTO STAND, CHELGUDDA, CHITRADURGA-577 501. …PETITIONER (BY SRI. G LAKSHMEESH RAO.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, MINORITY WELFARE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR DIRECTORATE OF MINORITIES, 20 AND 21ST FLOOR, V.V. TOWERS, DR. B. R. AMBEDKAR ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. .,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE R2 DATED 16.04.2021 VIDE REFERENCE NO.AASAM.NI/MAA HA/CR-03/2021-22 AS PER ANNEXURE-M AS TO DENIAL OF SCHOLARSHIP TO THE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30059 WP No. 26705 of 2023 PETITIONERWRIT TO THE RESPONDENTS TO RELEASE THE NATIONAL OVERSEAS SCHOLARSHIP AMOUNT OF THE CURRENT YEARS 2019-20 AND 2020-21 I.E., 20 LAKHS I.E., RS.10 LAKHS PER YEAR IN FAVOUR OF THE PETITIONERDECLARE THAT THE SCHEME OF THE NATIONAL OVERSEAS SCHOLARSHIP FOR MINORITY COMMUNITY STUDENTS IS UNCONSTITUTIONAL AND VIOLATIVE OF ARTICLE 14, 21 AND 21-A OF THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner being desirous pursuing his studies abroad in Master's degree, PhD (Doctor of Philosophy) and Post-Doctoral Fellowship (PDF Courses) etc., in the foreign universities for the year 2019-20 had applied for scholarship as per notification at Annexure-C. 2. Clause 10 of the Non-eligibility Conditions contained in the said notification at Annexure-C reads as follows: '' Non-eligibility Condition:- 9. XXXX 10. Exceeding Income Limit of 15 Lakhs per annum.'' 3. Petitioner filed an application for the scholarship on 16.07.2019, proceedings were conducted and his name was short-listed at Sl.No.30 as seen at Annexure-E holding him to - 3 - HC-KAR NC: 2026:KHC:30059 WP No. 26705 of 2023 be eligible for scholarship of Rs.10,00,000/-. However, subsequently by the impugned endorsement at Annexure-M dated 14.04.2021, his request was declined, on the premise of his annual income having exceeded Rs.15,00,000/-, inasmuch as his income tax returns indicated he having income of Rs.15,70,524/- per annum for the financial year 2019-20. 4. Learned counsel for the petitioner submits that the income of the petitioner ought to have been taken into consideration for the year during which the petitioner had sought for grant of scholarship, which is 2019-20. The income tax returns in Form No.16 relied upon by the respondent- authorities is for the financial assessment year 2018-19 i.e, for the previous year, commencing from 01.04.2018 to ending on 31.03.2019. She refers to income tax returns of the petitioner for the assessment year 2020-21, concerning the year 2019- 20, wherein the income of the petitioner is shown as Rs.4,82,630/-. Referring to these two income tax returns, she submits that respondent-authorities have erred in taking into consideration the income tax returns of the petitioner for the financial year 2019-20, which is not the intent and purport of - 4 - HC-KAR NC: 2026:KHC:30059 WP No. 26705 of 2023 the scheme. She further submits that the reliance placed on by the respondent-State onto the Form No.16 is also misconceived and inasmuch as the said form was submitted by the employer of the petitioner whereas the income tax returns filed by the petitioner for the relevant year indicate his income being Rs.13,96,590/- as per Annexure-H, which is below the condition imposed in the notification. She submits that in any event the interpretation has to be given to benefit the candidates like that of the petitioner who are otherwise eligible to have the scholarship. 5. Learned AGA referring to the Non-eligibility Conditions and the date of application referred to above submits that since the course was to commence mid-academic year 2019-20, it is income of previous year alone has to be considered, which according to income tax returns of the petitioner exceeded the limit of Rs.15,00,000/-. 6. Heard and perused the records. 7. The Non-eligibility conditions as noted hereinabove though mentioned ineligibility of candidate having income - 5 - HC-KAR NC: 2026:KHC:30059 WP No. 26705 of 2023 exceeding Rs.15,00,000/- per annum, it is not clear as to which year the said income has to be taken into consideration. 8. The respondent-State has relied upon the information provided by the employer of the petitioner in Form-16 for the year 2019-20, where the income of the petitioner is shown as Rs.15,70,524/- per annum, which according to the petitioner is erroneous. The corresponding income tax returns for the year 2019-20 indicate the petitioner having income of Rs.14,75,602/-. Thus, the petitioner seems to be eligible for the benefit of the scholarship. 9. However, there being an ambiguity in respondent- Authorities relying upon the Form-16 for the year 2019-20, this Court deems it appropriate to direct the respondent No.2-the Director, Directorate of Minorities to reconsider the case of the petitioner after affording sufficient opportunity to the petitioner and pass appropriate order. 10. Accordingly, following; - 6 - HC-KAR NC: 2026:KHC:30059 WP No. 26705 of 2023 ORDER (i) Petition is partly allowed. (ii) Endorsement dated 16.04.2021 as per Annexure-M is hereby quashed. (iii) Matter is remitted to respondent No.2-the Director, Directorate of Minorities to consider the case of the petitioner as directed above within a period of sixty days from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 27