WP/20017/2011 of Mynoddin Elementary Teacher Training Institute, Vs The Government of A.P., rep. by its Principal Secretary, on 30 December 2011

ORDER:

This Writ Petition is filed for the following substantiverelief :

“…to issue an order or direction more particularly one in thenature of writ of mandamus declaring the action of therespondents in not processing and not sanctioning the Post-Metric Scholarships and Reimbursement Tuition Fee of 38students to the petitioner institution as illegal, arbitrary andviolation of Instruction No.9.13 of G.O.Ms.No.143, dt.15-7-2008and violation of Articles 14, 16 and 30(1) of the Constitution ofIndia, 1950, consequently direct the respondents tosanction/release the Post Metric Scholarships andReimbursement Tuition Fee of 38 D.Ed. Course (MuslimMinority-8, SC-6, ST-5, BC-19) candidates for the academic year2010-2011 to the petitioner institution forthwith either onlinemethod or manual method as per the Instruction No.9.13 ofG.O.Ms.No.143, dated 15-7-2008…”.

At the hearing, Sri D. Kasim Saheb, learned counselfor the petitioner, fairly conceded that this Court, by orderdated 23-11-2011 in W.P.No.8064/2011 and batch, upheldthe revised policy of the Government contained inG.O.Ms.No.66, Social Welfare (SW.EDN.2) Department,dated 8-9-2010 and held that the students who wereadmitted in the convenor’s quota alone were eligible forgrant of Post-Metric scholarships. This Court, however, inview of Memo No.1611/SW.Edn.2/2011-12, dated 3-2-2011,further directed the respondents therein to reimburse thescholarships of the students who were admitted under spotadmissions prior to the Academic Year 2010-2011 and are continuing in their course of studies till completion of theircourses.

Since it is admitted in the Writ Petition that 38 studentsof D.Ed. course were not admitted in the convenor’s quotabut they were admitted through spot admissions during theAcademic Year 2010-2011, no relief can be granted infavour of the petitioner in respect of those 38 students. It ishowever made clear that the petitioner is entitled toapproach the respondents for fees reimbursement in theevent such reimbursement is denied in case of studentswho were admitted prior to the Academic Year 2010-2011and are continuing their course of study and also those whowere admitted during the Academic Year 2010-11 underconvenor’s quota, if they were denied such feesreimbursement.

Subject to the liberty given as above, the Writ Petitionis dismissed.

As a sequel, WPMP No.24258/2011 is disposed of asinfructuous.

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Justice C.V. Nagarjuna Reddy

Date : 30-12-2011AM