SC orders loan sanction for Kashmiri student studying in Bangladesh

On Friday, March 25, the Supreme Court of India refused to hear a plea filed by the administration of Jammu and Kashmir, challenging the High Court’s directive to award loan aid to a student suing medical studies in Bangladesh, reported Live right.

Under a program of the National Minorities Development and Finance Corporation, the Jammu and Kashmir Women’s Development Corporation had sanctioned ₹30 lakh for a student named Mubashir Ashraf Bhat in December 2018. She was supposed to be admitted to a community medical school in Bangladesh but ended up gaining admission to another college i.e. Khwaja Yunus Ali Medical College.

In her defense, the student had claimed that the Society had not released the funds in time, which had forced her to be admitted to another college. The Society had sanctioned the first installment of the loan for said community college, not the one the student ultimately enrolled in.

Citing this discrepancy, the Jammu and Kashmir Women’s Development Corporation refused to approve the second tranche of the loan. The student then approached the High Court of Jammu and Kashmir, seeking redress in the case. His motion was denied by a single judge bench and said it was a contractual matter.

The girl then filed the petition before a divisional bench, which on April 20 last year ordered the company to release the second tranche of loans. The Union Territory Administration of Jammu and Kashmir then filed a petition in the Supreme Court challenging the directive issued by the High Court.

Arguments before the Supreme Court

The Supreme Court rejected the request for special permission and stressed that education was “important” for young people in Jammu and Kashmir. During the rubric, Judge Chandrachud said, “This poor girl has been admitted to a community college in Bangladesh. She would have informed you that she was changing institutions. A J & K girl will become a doctor”.

After it was pointed out by Barrister Taruna A Prasad representing Union Territory of Jammu and Kashmir that the student failed to secure a 6th guarantor, Judge Chandrachud defended the Kashmiri student .

He claims“She is younger and continuing her 2nd year in MBBS in Bangladesh. There is laxity on her part, she is a young person. Many young people make mistakes. Didn’t we make mistakes when we were youth ?

Judge Chandrachurd further added that her admission to the community college was revoked due to non-payment of fees. “You wanted to destroy this girl’s career through your own fault. She will just be forced to leave. The medical school canceled her admission due to non-payment of the money,” he pointed out.

According to Justice Surya Kant, the intervention of the Supreme Court in the High Court order will hinder the education of the student. The Supreme Court thus dismissed the motion, stating that “we are of the opinion that the exercise of jurisdiction under section 136 would have the effect of dislocating J & K’s student career”.

Luisa D. Fuller