WP/39862/2012 of Chilkuri Naresh, S/o. Chilkuri Ramesh Reddy, Vs The District Collector, on 28 December 2012

ORDER:

The petitioner got admission into B.Pharmacy Course in aCollege of Pharmacy at Chilkur, Ranga Reddy District. TheGovernment introduced the scheme of reimbursement of tuition fee forthe students to get admission into professional colleges. G.O.Ms.No.231, dated 25-09-2008, was issued in this regard. The petitioner submitted anapplication before the office of the Tahsildar, Boath – 2[nd] respondent,with a request to issue certificate to the effect that he belongsEconomically Backward Class (EBC). The 2[nd] respondent issued aMemo, dated 07-12-2012, observing that the petitioner is not eligiblefor issuance of certificate under G.O.Ms.No.231. The petitionerchallenges the same.

2. It is pleaded that the G.O. postulates a detailed scheme forextending the benefit and as per Clause – 3 of Annexure – I to thesame, such of the economically backward students whose, actualparental income from all sources does not exceed Rs.1,00,000/- andstudying professional courses, are eligible for the scholarship.

4. The Government has launched various schemes for thebenefit of the students, hailing from the S.C., S.T., B.C. and Minoritycommunities to help them to undertake higher studies. The emphasisof G.O.Ms.No.231, dated 25-09-2008, is to extend the similar benefit toeconomically backward class students. The relevant portion reads asunder:

“The Government have therefore decided tobroadbase the ambit of the Scheme of Post-MatricScholarships so as to consider eligible EconomicallyBackward Class (EBC) students from allcommunities (except those belonging toS.C./S.T./B.C./Minority for whom separateScholarship Schemes are in operation) studying inbroadbase the ambit of the Scheme of Post-MatricScholarships so as to consider eligible EconomicallyBackward Class (EBC) students from allcommunities (except those belonging toS.C./S.T./B.C./Minority for whom separateScholarship Schemes are in operation) studying in Polytechnics, Professional Colleges (other thanMedical) and University Colleges.”

5. Exclusion of the candidates of S.C., S.T., B.C. and Minoritycategories from the category of EBC is on account of the fact that thosestudents are already extended the benefit on the basis of their socialstatus.

6. The parameters to be adopted while extending the benefit toEBC students are also mentioned in Class – 3 of Annexure – I, whichreads as under:

“EBC students, whose annual parentalincome from all sources does not exceedRs.1,00,000/- (Rs. one lakh only) and studying inPolytechnics, Professional Colleges (other thanMedical) and University Colleges shall be eligible toapply for sanction of these scholarships.”

7. While this is the purport of the scheme underG.O.Ms.No.231, the view taken by the 2[nd] respondent in rejecting thescheme is totally untenable. He appears to be under the impressionthat the scholarships are meant only for the reserved categories.

8. Hence, the Writ Petition is allowed and the impugned memois set aside. The 2[nd] respondent shall issue necessary certificate tothe petitioner, in case, the income of his parents is found to be belowRs.1,00,000/- per annum. In case, the petitioner is issued suchcertificate, the other respondents shall extend the benefit inaccordance with law. There shall be no order as to costs. Themiscellaneous petition filed in the writ petition also shall standdisposed of.

December 28, 2012.

KTL

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L. NARASIMHA REDDY, J