Lawsuit
HBO student not entitled to basic grant to pursue Master's at research university
Photo: DUB Archives
A forensic science student from a university of applied sciences wanted to pursue a master's degree at Maastricht University, but was denied a performance-based grant. She considered this unfair: why are students from universities of applied sciences eligible for scholarships for master's degrees at the university of applied sciences level, but not at the research university level?
She is not the only one who finds this strange. Former Minister of Education Robbert Dijkgraaf was unable to explain why the system was set up in such a way. He hoped that the next cabinet would do something about it, as he was acting in a caretaker capacity at the time. However, his successor, Eppo Bruins, said he had no money to change this.
The student then took the matter to court, which ruled in her favour, concluding that she would be treated 'unequally for an equal situation' if she didn't get the grant.
Labour market
The Ministry of Education then took the matter to the Central Appeals Tribunal, which overturned the decision this week. Dutch law distinguishes between “initial education” (courses that prepare you for the labour market) and “post-initial education”. When one studies at the university of applied sciences level, they are considered ready for the labour market after completing a bachelor's degree, whereas, at universities, students are only considered ready after completing a master's degree.
A master's degree at the university of applied sciences level would therefore be an extension of the bachelor's programme, while a university master's degree would not. Based on this reasoning, the Central Appeals Tribunal ruled that the student is not entitled to a performance-based grant. According to the Council, the fact that the system is “not entirely watertight” does not mean that it is “unlawful”. It is up to legislators, not the court, to change this situation if necessary.
Although the student will not receive a performance-based grant, she can obtain student finance in the form of a loan and a public transport pass.
| HBO bachelor's + one-year HBO master's | 5 years (for 5 years of studies) |
| HBO bachelor's + one-year university master's | 4 years (for 5 years of studies) |
| University bachelor's + one-year HBO master's | 5 years (for 4 years of studies) |
| University bachelor's + one-year university master's | 4 years (for 4 years of studies) |
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