Emphasizing the importance of uplifting the youth of Kashmir by educating them, the Supreme Court on Friday rejected an application by the Union Territory of Jammu and Kashmir against a Supreme Court directive to provide loan assistance to a girl in pursuit of medical education.
On April 20, 2021, the Supreme Court of Jammu and Kashmir ordered Jammu and the Kashmir Women’s Development Corporation to release the second installment of financial assistance to a girl under the National Minorities Development and Finance Corporation’s Scheme to study MBBS college in Bangladesh.
The company had approved a loan of Rs 30 lakhs to a girl in December 2018 after taking MBBS courses at Community Based Medical College, Bangladesh. However, the girl was admitted to a different college – Khwaja Yunus Ali Medical College, Bangladesh – claiming that the first installment was not issued by the Corporation long before the last day of admission to the first college.
Explaining the fact that he changed college, the Corporation refused to issue a second installment. In this case, the girl went to the High Court seeking relief. Although one bench dismissed the petition as a matter of contract, the branch bench granted his request by ordering the Society to release a second installment. It challenged the order for UT to go to the Supreme Court.
Following the hearing, Justice Chandrachud, a judge in charge of the bench, remarked at the outset: “This poor girl was admitted to the Bangladeshi public college. It would let you know that it is changing schools. Another J&K girl will be a doctor “.
“He could not get a 6th grade guarantee,” sent Advocate Taruna A Prasad of UT.
“He is a young man and is pursuing his 2nd year at MBBS in Bangladesh. There is a compromise for him, he is young. A lot of young people make mistakes. Didn’t we make mistakes when we were young?”, Asked Justice Chandrachud. .
“We need to encourage the youth of Kashmir by educating them and setting aside the HC order will adversely affect them. Our intervention will do the opposite,” added Justice Surya Kant. “You wanted to ruin the girl’s work because of your mistake. She will be forced to leave. The medical college has canceled her admission for non-payment,” said Judge Chandrachud.
Following this, the bench continued to reject the application for special leave which considers:
“The result of accepting the application would be that a young woman conducting her studies in Bangladesh would be denied access to credit facilities.
Case Study: Jammu and Kashmir Union Area Against Mubashir Ashraf Bhat | SLP (c) No. 4917/2022