The Madhya Pradesh High Court has upheld the constitutional validity of the Mukhya Mantri Jankalyan Shiksha Protsahan Yojana, also known as the Chief Minister's Public Welfare Education Encouragement Scheme. This scheme offers financial assistance to meritorious students from Madhya Pradesh, helping them secure admissions in government and private institutions within the state.
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A Division Bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain confirmed the scheme’s legality. Referring to the landmark Supreme Court judgment in T.M.A. Pai Foundation vs. State of Karnataka (2002), the Court highlighted that the scheme serves two important goals: protecting merit and promoting economic justice. The judges stated,
"The twin objectives of preserving merit and enabling economically deprived students to pursue higher education, particularly in medical colleges, lead to an improvement in public health and fulfill constitutional promises."
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The case arose when a private medical college challenged the validity of the scheme, arguing that it was a delegated piece of legislation without proper legal backing. The petitioners contended that private unaided colleges have a constitutional right under Article 19(1)(g) to admit students of their choice and that forcing them to accept students unable to pay the fees would lead to financial loss. They claimed the state already regulates the fee structure through the Admission and Fees Regulatory Committee, and further forcing financially weaker students into their colleges was beyond reasonable regulation.
Responding to these arguments, the State defended the scheme, explaining it promotes equality as enshrined in Articles 15(1) and 16(1) of the Constitution. It stressed that the students benefitting from the scheme were selected purely on merit through NEET counseling and were not arbitrarily placed into private institutions. The State also clarified that financial aid does not create a reservation but ensures meritorious students are not denied higher education due to lack of resources.
The Court carefully examined the provisions of the Constitution, particularly Articles 16(1), 38, 39, 41, and 47, along with the preamble which emphasizes economic justice and equal opportunity. It observed, "The Constitution empowers the State to design such schemes, even independent of specific reservation clauses, in order to achieve true equality of opportunity and social justice."
In addressing concerns about fee payment delays, the Court ordered that the fees should be deposited in a joint bank account opened by the student and the institution. This account must be Aadhaar-verified, ensuring transparency and timely payment, and preventing misuse of funds.
The Court concluded that the scheme is not a reservation but a supportive measure. It emphasized that the real aim is to prevent economic hardship from obstructing talented students' educational dreams. It further stated, "The scheme does not dilute merit; rather, it strengthens the principle of merit by allowing financially weaker yet academically strong students to succeed."
Case Title: H.K. Kalchuri Educational Trust And Others Versus The State Of Madhya Pradesh And Others, Writ Petition No. 14145 Of 2017
