Stressing that there was a need to promote the youth of Kashmir by educating them, India's Supreme Court Friday dismissed an appeal by the Union Territory of Jammu and Kashmir challenging a J&K High Court order regarding a student who was granted a loan to pursue MBBS in Bangladesh, but had switched colleges without informing authorities in violation of the terms of the loan agreement.

A Bench of Justices D Y Chandrachud and Surya Kant said “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” and “dislocate the career of a student from J&K”.

“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?” remarked Justice Chandrachud as the matter came up for hearing, The Indian Express reported.

“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,” he added.

“We need to uplift the youth of Kashmir by educating them and setting aside the High Court order will impact it negatively. Our order will act contrary to it,” said Justice Surya Kant.

The court was hearing a plea by the Union Territory government challenging the April 20, 2021, order of a Division Bench of the HC asking the J&K Women’s Development Corporation (JKWDC) to release the balance loan instalments in favour of the student.

She was sanctioned a Rs 30 lakh loan in 2018 under a scheme floated by the National Minorities Development and Finance Corporation for admission to the Community Based Medical College, Bangladesh. Though the corporation released the first instalment of Rs 6 lakh out of the sanctioned amount to the student, it refused to release the subsequent instalment after learning that she had changed admission to Khwaja Yunus Ali Medical College, Bangladesh, without informing it.

She then approached the High Court and contended that she was forced to change her admission as she had lost out on admission to the Community Based Medical College as there was a delay in receipt of the first fee instalment. The JKWDC, however, said this amounted to a breach of trust and violation of the terms of the loan agreement.

Though a single judge of the HC ruled against her, the Supreme Court on an appeal set aside the single judge order and ordered that the second instalment be released.

(SAM)