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A Supreme Court bench of Justices Chandrachud and Surya Kant today dismissed a plea by Jammu and Kashmir Women's Development Corporation challenging the order of the High Court directing them to release loan instalments to a Kashmiri medical student.
The court while dismissing the order remarked, “We need to uplift the youth of Kashmir by educating them, our interference will act contrary to it.” The court further noted that such an interference by the court will negatively impact the students in Kashmir.
Mubashir Ahmed Bhat, the student, had obtained a loan of Rs. 30 lakhs under the by Kashmir Women’s Development corporation under a Scheme floated by the National Minorities Development and Finance Corporation ('the NMDFC') for pursing MBBS course in the Community Based Medical College, Bangladesh. The order of the High Court states that Bhat had submitted that since the Corporation did not release the amount on time, she was refused admission in the Community college and had to subsequently take admission at Khwaja Yunus Ali Medical College, Bangladesh
Bhat contended that the loan she had obtained was paid as fees to Khwaja Yunus Ali Medical College and that she had completed her first year of medical education in the college. She contended that since the Corporation is now asking her to repay the amount and refusing to pay the second instalment, her career is at risk.
The corporation contended that the action of Bhat amounted to breach of trust as she had obtained loan to join one college but had joined another college and the loan amount had also been transferred without the permission of the corporation.
When Bhat approached the High Court the single-judge had ruled against her but the order of the single judge was set aside by a Division Bench of the court.
When the matter came up for hearing, Justice Chandrachud remarked, "There is lax on her part, she is a youngster, have we not done mistakes when were young?”
The court dismissed the matter by noting that, “The consequence of accepting this plea will amount to cancelling loan resources of a youth from Jammy &Kashmir to pursue her medical education. Hence Dismissed.”
Case title: Union Territory of J&K Vs Mubashir Ashraf Bhat
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