Person Seeking Scholarship For Further Education Can't Be Expected To Resign From Job Prior To Selection: Rajasthan High Court

The Rajasthan High Court granted relied to a student whose scholarship application under state government's Swami Vivekananda Scholarship for Academic Excellence Scheme to study abroad, was rejected on the ground that he failed to submit his resignation letter from his workplace 1-month prior to commencement of his course.

In doing so the court said that the petitioner cannot be expected to resign from his job prior to his selection to the course. It further emphasized on the role that scholarships play for students, calling it "life changing opportunities".

For context the Scheme is an initiative of the Government of Rajasthan, for the students planning to pursue the Undergraduate, Postgraduate, Ph.D., and Post-Doctoral research programs abroad.

Justice Anoop Kumar Dhand held that until a candidate received provisional selection letter of his scholarship, s/he could not be expected and compelled to resign and furnish the relieving letter from the company where s/he was working. It said:

"This Court is unable to understand as to how a person, like the petitioner, is expected to resign/submit the relieving letter prior to his selection...Instead of raising several objections on different dates, the respondents could have raised all kinds of objections on the first date, i.e., 05.07.2024, hence, delay has been caused on the part of the respondents due to which the petitioner has been deprived from receiving the benefits of the scholarship and the petitioner has been made to suffer for no fault of his own"

Furthermore, the Court also pointed out that the delay in processing his scholarship application was also attributable to the State since, after the submission of application in May 2024, the State kept on raising different objections on different dates till September 2024, instead of raising these objections together on one date.

Emphasizing on the role that scholarships play the court said: “Education has become one of the most valuable and costly pursuits in today's society. Scholarships emerge as the most preferred kind of financial help in this situation. Scholarships are more than the financial aids; they are life changing opportunities. They empower the needy, deserving and brilliant students to dream, their parents to hope and the communities to grow. Scholarships cater the deserving and worthy students with different strengths, needs and ambitions.”

The petitioner had submitted his scholarship application in May 2024 and at that time, he was employed with an institution. As per Clause 6(vi) of the terms & conditions of the scholarship, the applicant was supposed to resign from the post prior to one month from the commencement of the course.

The course of the applicant at the University of Leeds (UK) was supposed to start from September 2024. After the scholarship application was submitted, the State kept on raising objections on different dates between May 2024 to September 2024. Then in December 2024, the petitioner was provisionally selected to receive the scholarship.

However, in March 2025, the application was rejected on the grounds that the petitioner had failed to furnish his resignation letter one month prior to commencement of his course. Hence, the petition was filed.

After hearing the contentions, the Court opined that,

“Until the petitioner receives provisional selection letter in his favor for getting scholarship, he cannot be asked and compelled to furnish the relieving letter/tender his resignation from the company where he was working/ serving.”

It was further highlighted that the delay happened on account of the State's failure to raise all the objections on one date itself, and stretching that exercise till September 2024.

Quashing the order rejecting the scholarship, the court directed the State that in the event the petitioner submitted his resignation letter within 7 days, it shall release the fees for the next academic year of the University that was supposed to start in September this year. 

Title: Aditya v State of Rajasthan & Anr.

Citation: 2025 LiveLaw (Raj) 278

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