Srinagar, July 17: The High Court of Jammu and Kashmir and Ladakh directed the administration to review the condition of minimum 8th standard education for availing benefits under the State Marriage Assistance Scheme within two months, after hearing a public interest litigation filed by a law student challenging the rule.The petitioner, Abdul Hamid Rather, who appeared in person before the bench, sought the quashing of Clause 3(b) of Government Order No. 49-JK(SWD) of 2022, issued by the Department of Social Welfare. The clause mandates that a girl must have passed at least the 8th class to be eligible for financial assistance under the scheme designed to help economically weaker families with marriage expenses.Rather told the court that he had submitted several representations to the concerned authorities regarding the clause but received no response. He argued that the educational qualification bar unfairly excludes many poor and deserving girls, especially in remote areas, who may not have had access to formal schooling.During the hearing, Senior Additional Advocate General A. R. Malik, appearing for the government, acknowledged that the representation submitted by the petitioner had been received and assured the court that the matter is already under consideration by the competent authority.He further submitted that it would be “expedient” for the court to dispose of the petition at this stage to enable the administration to process and respond to the petitioner’s concerns under the framework of law.Taking note of the submissions, the Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal agreed to dispose of the writ petition. The court, however, directed the authorities to examine the matter “in right earnest” and pass appropriate orders within a period of two months.The court order reads, “the writ petition is disposed of in terms of the statements made by the learned counsel for the parties.”The judgment brings temporary closure to the PIL, while putting the onus on the administration to respond within a fixed timeline. The move could potentially bring relief to many disadvantaged families who, despite financial distress, are currently excluded from the scheme due to the education requirement.
