Scholarship Granted To Woman Before Marriage Doesn't Bar Her Husband's Claim Post-Marriage: Rajasthan High Court

While granting relief to a man who was denied the Swami Vivekanand Scholarship for Academic Excellence, the Rajasthan High Court has held that rejecting the scholarship solely based on the fact the applicant's wife was also granted benefit of the scholarship before the wedding, was not legally tenable and ran contrary to the very intent of the Scholarship Schemes.While analyzing the situation in light of restriction of the scholarship to only one family-member, the bench of Justice Anuroop Singhi highlighted that grant of one scholarship to a female candidate could not result in ineligibility for two families by shifting the definition of “family” after that female's marriage. The applicant got married in 2023 to a person who was granted the benefit of the scholarship in 2022, i.e. prior to the wedding. However, after the marriage, when the applicant applied for the Scholarship, his application was rejected. The sole reason for this rejection was his wife being a beneficiary of the scholarship prior to her wedding. And since the scholarship could be availed only by one family member, applicant's right to avail the benefit was extinguished since his wife had already availed the same. It was argued by the petitioner that the said clause in the eligibility criteria shall not exclude the applicant because when his wife got the benefit under the scholarship, she was not part of his family. After hearing the contentions, the Court held that the State's reliance on Clause 9(ii) of the Scheme as per which once the wife had received scholarship, she being the family member of the applicant, the applicant was now ineligible for the same, was wholly unwarranted and unacceptable. “…accepting the same would defeat the laudable object of the scheme and would also lead to an interpretation which would run contrary to the very intent and purpose for which such Scholarship Schemes are formulated…Grant of scholarship to a person prior to her wedding, when she was a member of her father's family under no circumstances can render her husband ineligible for the said scheme post marriage…Thus, grant of one scholarship to a female candidate cannot result into ineligibility for two families.”Accordingly, the rejection of the application by the State on this ground was held to be not tenable in the eyes of law, and the petition was allowed. The State was directed to consider the application of the applicant on merits.Title: Devendra Kumar Kothari v State of Rajasthan Citation: 2026 LiveLaw (Raj) 31Click Here To Read/Download Order

Scholarship Granted To Woman Before Marriage Doesn't Bar Her Husband's Claim Post-Marriage: Rajasthan High Court

Nupur Agrawal

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