Student sues after bursary withdrawn

A national bursary recipient who was forced to abandon his studies after his funding was withdrawn due to a change in his field of study has sued the State.

Ajay Bachan’s constitutional claim was filed by a team of attorneys led by Anand Ramlogan, SC, on January 24.

He seeks declarations that his rights to equality before the law, protection of the law and equal treatment from a public authority were breached. He also seeks compensation and vindicatory damages.

Bachan said he applied for a bursary in 2021 after the government reduced the number of scholarships and introduced the national bursary system that year, for top-performing students in need of financial assistance.

Although his life-long dream was accounting, he applied to pursue a law degree at the University of the West Indies (UWI) because of his financial situation.

His parents are divorced and his father, who he lives with, developed chronic kidney disease and end-stage renal failure forcing him to retire early as a teacher. The father's money goes towards his medical bills.

Two months after starting his studies at UWI, Bachan learned that he had been selected for a bursary. Based on the award, he changed his course and institution of study to pursue an Association of Certified Chartered Accountants (ACCA) programme at the Student Accountancy Centre (SAC).

He began his studies at SAC in July 2022.

He said at no time did the Education Ministry express concern about his change of institution or field of study until 2023. It was then he was told that the SAC was not an accredited institution for a bursary award.

This, he said, confused him because he was previously assured the institution was accredited and was listed by the ministry as eligible for a bursary. His lawsuit also said the ACCA programme was also approved.

Bachan said several friends, also pursuing their ACCA programme at SAC, had received bursary payments. The lawsuit said for seven months he attempted to rectify the issue while his mother was forced to take loans from family and friends to fund his first year of study.

“The claimant was under tremendous distress and became frustrated and depressed as his poverty-stricken circumstances meant that he was adding to the stress and strain on his parents who could ill-afford to finance his education.”

Only able to afford one exam, which he could not sit because of his father’s death, he was forced to withdraw from SAC as he could no longer pay.

In January 2024, after extensive freedom of information correspondence with the ministry, Bachan was told the SAC did not qualify for funding under the Government Assistance for Tuition Expenses Programme (GATE), which had the same eligibility criteria as the national bursary.

The lawsuit said the ministry also acknowledged several students received bursaries to pursue their ACCA at SAC.

By May 2024, Bachan was then told his bursary would pay for his ACCA and the issue of SAC’s accreditation was resolved.

He completed a change of institution and programme application but said since then, his bursary contract has not been finalised nor has he received any payment leading to him taking legal action.

“The prolonged delay has disrupted the claimant’s academic progress and aspirations, leaving him in a state of uncertainty and despair about his future.

“The bureaucratic inefficiency, stonewalling and maladministration on the part of the State put the claimant at a grave disadvantage,” Bachan's lawyers said.

Bachan’s lawyers argue he had a legitimate expectation of bursary funding, as his chosen course of study was listed as approved, the institution was accredited and recognised, and other students in similar circumstances received financial support.

“That legitimate expectation was breached without any lawful justification in circumstances of gross maladministration and inefficiency, where the conduct of the state was manifestly unfair, arbitrary and irrational thereby breaching the claimant’s constitutional rights to protection of the law and equality of treatment.”