(Reopens BOM 23)

However, the dissenting opinion of Justice R R Tripathi and J B Pardiwala, was that the scheme was against the Constitution as it violates Article 15 (1). "It is with deep and sincere regret that we express inability to agree with the views expressed (by other judges). We admit that on the question referred to this Full Bench, there is room for difference of opinion, but we would like to express our own views to ensure that the scope of fundamental right conferred by any provision contained in Part-III of the Constitution of India, is not allowed to be belittled or restricted," the minority opinion said. "We are of the view that the scheme in question is discriminatory and is hit by Article 15 (1) of the Constitution of India," the order of the two judges said. The central government scheme is for students belonging to five religious minorities, including Muslims whose parents have annual income below Rs 1 lakh. In this scheme, the Central government gives 75 per cent of the scholarship amount while states have to bear the rest 25 per cent. A Congress leader Adam Chaki had filed a PIL, seeking direction from the court for implementation of Centre's scheme by the Gujarat government. The five-judge bench was formed after a two-judge bench, which held the scheme to be unconstitutional, referred the matter to a larger bench for finality on its constitutionality.