The Supreme Court emphasised on the need to promote youth of Kashmir by ensuring their education.
A Bench of Justices DY Chandrachud and Surya Kant said that the Court would refrain from passing orders which could negatively impact education of young Kashmiri students.
“We need to promote the youth of Kashmir by educating them and setting aside High Court order will impact it negatively,” said Justice Surya Kant.
The Court was hearing a plea by the Union Territory of Jammu and Kashmir (J&K) against a verdict of the Jammu and Kashmir High Court which had directed the Jammu and Kashmir Women’s Development Corporation to release loan installments in favour of respondent, one Mubashir Ashraf Bhat.
The Corporation had released the first installment of loan in favour of Bhat but had refused to release subsequent amounts after it learnt that Bhat had changed her admission to Khwaja Yunus Ali Medical College, Bangladesh from the Community Based Medical College, Bangladesh.
Bhat approached the High Court after the Corporation demanded back the first installment of ₹6 lakh and refused to release the subsequent installments.
She contended that she was forced to change her admission due to non-availability of seats in Community Based Medical College.
The Corporation contended that it had released the loan amount in favour of the Community Based Medical College and the same was transferred by the respondent to Khwaja Yunus Ali Medical College without informing the Corporation.
This amounted to a breach of terms and conditions of the loan sanction letter.
The single-judge had ruled against Bhat but a Division Bench of the High Court ruled in her favour prompting the appeal before the top court by Union Territory of J&K.
Advocate Taruna Prasad, Standing counsel for J&K insisted that the matter should be heard since there was a “breach of trust”
The Supreme Court conceded that Bhat might have committed a mistake but the Court was inclined overlook the same.
“Yes mistake is there on her part, but we all have done mistakes in our youth,” remarked Justice Chandrachud.
“If the appeal is allowed, then loan resources to Kashmiri youth will be cancelled,” the Court said dismissing the appeal.
