IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10753 of 2008 SHAILENDRA SUKHDARSHI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Anil Kumar Mr. Rajeev Prakash For the respondents : Mr. P.K.Shahi, AG Mr. Vikas Kumar, JC to AG --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 10th September, 2008 The petitioner claims to be a freelancer teacher doing social service by imparting education and guidance especially to poor and needy students. He has approached this court by means of public interest litigation in challenging the decision taken by the Government of Bihar to grant Rs. 10,000/- as one time encouragement, in continuation of further study, to those students (male and female) of minority community, that is, Muslim, Sikh, Christian, Bodh and Parsi of Bihar, who passed Secondary School Examination 2007, conducted by the Bihar School Examination Board in first division. 2. The counsel for the petitioner submits that based on religion, no financial benefits could be extended to minority community. He would submit that as a matter of fact the whole 2 Scheme entitled ‘Mukhmantri Vidyarthi Protsahan Yojna’ is for the benefit of one community only, that is, Muslim. The counsel for the petitioner would contend that the backwardness of all communities have not been investigated as required under Article 340 of the Constitution of India. The counsel would also submit that the population of Muslims in Bihar exceeds 42% and, therefore, they cannot be said to be ‘minority’ in the State of Bihar. Regarding Christian community, it is submitted that their literacy rate amongst both male and female, is much higher. In sum, the contention of the counsel for the petitioner is that the Scheme is wholly arbitrary and discriminatory as it discriminates meritorious students of minority of Bihar and that further discrimination has been committed by giving benefit to the minority students who pass from the Bihar School Examination Board and not to those who pass from Central Board of Secondary Education or other Boards. 3. In pursuance of the court’s order dated 14th August, 2008, a counter affidavit has been filed by the respondents. They have justified the aforesaid Scheme by taking stand that the said Scheme takes care of those students (boys and girls) residing permanently in the State of Bihar and belonging to minority community , that is, Muslim, Sikh, Christian, Buddhist and Parsi and those who passed in first division in the secondary examination from the Bihar School Education Board. It is the stand of the respondents 3 that the Scheme meets the constitutional criterion and does not offend any of the provisions contained therein. It is also stated in the counter affidavit that the State government has already released an amount of Rs.262.70 lacs vide order dated 19th August, 2008 and the amount is being disbursed to the students who meet the criterion provided in the Scheme. 4. A rejoinder has been filed by the petitioner setting out therein the statistics with regard to Hindu population (male and female) residing in Bihar as well as the economic profile of different religions in Bihar. 5. Upon thoughtful consideration, we are of the view that, as a matter of fact, the writ petition is not in public interest, rather it is against the public interest. It is so because, as of now, the State government has sanctioned Rs.260.70 lacs for the purpose of Scheme. If the said amount is disbursed to the students under the Scheme, at least 2627 students from the minority would get incentive of Rs.10,000/- for further study. Secondly, and more importantly, what has been put in issue is the government policy. The policy of the government, ordinarily, is not amenable to the judicial review unless it is arbitrary, discriminatory and inconsistent with the constitutional provisions. The present policy, cannot be said to suffer from these vices. The scheme itself provides the guidelines for its applicability which are : (a) that it is meant for the students, both boys and girls, 4 (b) that the students must be residing permanently in the State of Bihar, (c) that the students must be belonging to minority community , that is, Muslim, Sikh, Christian, Bodh and Parsi (d) that the said students must have been passed in first division and (e) that they must have taken examination from the Bihar School Examination Board. 6. Thus, it is seen that the classification is founded on intelligent differentia and there is nexus to the object sought to be achieved by the policy. 7. We are, thus, of the considered view that no relief can be granted in this public interest litigation. It is dismissed in limine. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/