Gujarat government appeal on minority scholarship scheme in SC

NEW DELHI: The Supreme Court did not give any interim relief to Gujarat government on its plea opposing the Centre's pre-matriculation scholarship scheme for students of minority communities.

However, the apex court decided to give an early hearing to the state government's appeal challenging the Gujarat High Court verdict upholding its constitutional validity.

A Bench comprising justices P Sathasivam and M Y Eqbal yesterday sought a response from the Centre on Gujarat government's contention that the scheme was discriminatory and decided to have a regular hearing on the matter from first week of August.

The bench also issued a notice to a Congress leader, Adam Chaki, on whose PIL the five-judge Constitution Bench of the High Court by its 3:2 verdict rejected Gujarat government's contention that the scheme was discriminatory and had directed it to implement the scheme.

The central government's scheme is for students belonging to five religious minorities, including Muslims, whose parents have annual income below Rs 1 lakh.

In this scheme launched in 2008, the central government gives 75 per cent of the scholarship amount while states have to bear the rest 25 per cent.

Gujarat government argued in the apex court that the Centre's scholarship for minorities is a scheme based on religion and the Centre cannot compel the state to implement it and that a similar scheme was in place in the state for all poor students irrespective of their religion.

The majority verdict of the High Court had said the scheme cannot be equated with any kind of reservation and it was an "affirmative action" and "not discriminatory" in nature.

The minority verdict had held it as discriminatory.