1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.566 OF 2008 Mr.Laxman Ashok Savalkar .. Petitioner Vs. The Director of Social Welfare and Ors. .. Respondents Mr.Afroz A.Siddiqui for the petitioner Ms.J.S.Pawar, Addl.G.P. for the respondent nos.1 to 3 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & A.A.SAYED, JJ A.A.SAYED, JJ A.A.SAYED, JJ. DATED : 2ND APRIL, 2008 DATED : 2ND APRIL, 2008 DATED : 2ND APRIL, 2008 P.C.: 1. The petitioner has approached this court seeking directions against the respondents to grant him scholarship for higher education in foreign countries for M.Sc. Analytical Bio-Science and Drug Design in University of Salford (U.K.) which has granted him admission. 2. It is the case of the petitioner that 2 denying him scholarship was an arbitrary decision as similarly placed candidates have been approved. This contention is made on the basis that the petitioner was disqualified on the ground that he has passed his matriculation from C.B.S.E. i.e.Central Board Secondary Education. The petitioner has been able to point out that in three cases candidates who have passed their matriculation from C.B.S.E. have been awarded scholarship. 3. The learned Addl.G.P. after seeking instructions states that these candidates were considered for awarding of scholarship for pursuing graduation course in C.B.S.E. and for the purpose of prosecuting post graduation course C.B.S.E. is a disqualification. 4. The learned Addl.G.P. inspite of seeking instructions has not been able to place before us any rules or guide-lines framed by the Committee on this issue. 5. In our view, the Committee cannot take 3 decision as per their whims and caprice. It has to follow a uniform policy in awarding scholarship as per the decision of the State and the whole process should be transparent leaving no scope for arbitrariness and discrimination. 6. The learned Addl.G.P. further states that the other reason for not awarding scholarship to the petitioner is because the petitioner did not clear his graduation on the last date of the application as well as when candidates were interviewed and scrutiny was done by the Committee in August 2007 and it is not disputed that the results of graduation were declared in September 2007 and degree / mark list was conferred after 6th October, 2007. 7. The learned counsel for the petitioner submits that this was not the reason for disqualifying the petitioner as the petitioner has met with all requirements including seeking of admission in a foreign university and therefore, he would have awarded Scholarship on the condition that he should clear graduation before availing of 4 scholarship and that would have saved one academic year of the petitioner. The petitioner has supported his contention by pointing out that the Committee has granted scholarship on imposing such conditions like submission of certificates and so on. It is the apprehension of the petitioner that now if the petitioner applies for scholarship, it may be rejected on the ground that he is applying after a gap of one year. 8. In the given facts and circumstances, we are not in a position to set the clock back but we make it clear that in case now the petitioner applies for scholarship under the scheme, it will be considered by the Committee in accordance with the rules and it will not be rejected on the ground that the petitioner has applied for scholarship after a gap of one year. 9. The learned Additional G.P. also accepts this position as according to the respondents, the petitioner having passed his graduation in September 2007, he will be eligible to apply in response to the advertisement which is likely to be 5 published in June 2008 for awarding scholarship for prosecuting studies in foreign countries. This sufficiently protects the interest of the petitioner. We therefore, dispose of the petition accordingly. The cost deposited by the respondents in the court should be paid to the petitioner. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J )