"We Need To Promote Youth Of Kashmir; One Girl From J&K Will Become A Doctor" : Supreme Court Affirms HC Direction To Provide Loan For MBBS Course

Highlighting the importance of promoting the youth of Kashmir by educating them, the Supreme Court on Friday dismissed a petition filed by the Union Territory of Jammu and Kashmir against a direction of the High Court for giving loan assistance to a girl for pursuing medical education.

On April 20, 2021, the High Court of Jammu and Kashmir had directed the Jammu and Kashmir Women's Development Corporation to release the second instalment of financial assistance to a girl under the Scheme floated by the National Minorities Development and Finance Corporation for pursing MBBS course in a college in Bangladesh.

The Corporation had sanctioned the loan of Rs 30 lakhs to the girl in December 2018 after she took admission for MBBS course in Community Based Medical College, Bangladesh. However, the girl took admission in a different college-Khwaja Yunus Ali Medical College, Bangladesh - claiming that the first installment was not released by the Corporation in time before the last date of admission in the first college.

Citing the fact that she changed the college, the Corporation refused to release the second installment. In this background, the girl approached the High Court seeking relief. Though the single bench dismissed the writ petition saying that it was a contractual matter, the division bench allowed her prayer by directing the Corporation to release the second installment. It was challenging this direction that the UT approached the Supreme Court.

When the matter was taken, Justice Chandrachud, the presiding judge of the bench, remarked at the outset : "This poor girl got admission to a community college of Bangladesh. She would have informed you that she is changing her institution. One girl from J &K will become doctor".

"She could not get the 6th guarantor", Advocate Taruna A Prasad for the UT submitted.

 "She is a younger person and is pursuing her 2nd year in MBBS in Bangladesh. There is lax on her part, she is a youngster. Many young people make mistakes. Have we not done mistakes when we were young?", Justice Chandrachud asked.

"We need to promote the youth of Kashmir by educating them and setting aside HC's order will impact it negatively. Our interference will act contrary to it", Justice Surya Kant added.

"You wanted to destroy the career of this girl sheerly on your fault. She will just be compelled to leave. Medical college canceled her admission because of non payment of money", Justice Chandrachud pointed out.

After this, the bench proceeded to dismiss the special leave petition observing :

"The consequence of accepting the plea would be that a young woman who is pursuing her studies in Bangladesh would be denied her loan resources. We are of the view that exercising jurisdiction under Article 136, the consequence would be to dislocate the career of student from J & K. Dismissed"

Case Title : Union Territory of Jammu and Kashmir versus Mubashir Ashraf Bhat | SLP(c) No. 4917/2022

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