Telangana High Court

WP/27194/2008 of Tayyib Muslim Polytechnic College, rep. by its President Vs The Government of Andhra Pradesh, rep. By its Principal on 29 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27194 of 2008 Between: Tayyib Muslim Polytechnic College, rep. by its

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHTPRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 27194 of 2008

Between:

Tayyib Muslim Polytechnic College, rep. by its President S. Khader Basha, S/o. S. Ghouse Peer, R/o.D.No.7/705-1, Mochampet, Kadapa City & District.

.....

PETITIONER

AND

1 The Government of Andhra Pradesh, rep. By its Principal Secretary, Social Welfare (EDN-2) Department, Secretariat Buildings, Hyderabad. Secretary, Social Welfare (EDN-2) Department, Secretariat Buildings, Hyderabad.

2 The Deputy Social Welfare Officer, Social Welfare Department, Pragathi Bhavan, Kadapa District, Kadapa.

3 The Assistant Social Welfare Officer, Social Welfare Department, Pragathi Bhavan, Kadapa District, Kadapa.

4 The Assistant Tribal Welfare Officer, Tribal Welfare Office, Pragathi Bhavan, Kadapa District, Kadapa. Pragathi Bhavan, Kadapa District, Kadapa.

5 The Principal, Tayyib Muslim Polytechnic College, Kadapa District, Kadapa. Kadapa District, Kadapa.

.....RESPONDENTS

Petition under Article 226 of the constitution of India prayingthat in the circumstances stated in the Affidavit filed herein theHigh Court will be pleased to issue an appropriate writ, order ordirection more particularly one in the nature of Writ of Mandamusdeclaring the inaction on the part of the respondents in notsanctioning and renewing the scholarships in pursuance of theproposals forwarded by the 5th respondent herein as arbitrary,illegal, abdication of the statutory duty cast on them and violativeof the fundamental rights guaranteed to the petitioner underArticles 14 and 21 of the Constitution of India and consequentlydirect the respondent Nos. 2 to 4 to sanction / renew thescholarships basing on the proposals, dated 12.07.2006,14.07.2006, 13.11.2006, 02.08.2007, 13.08.2007 and 27.11.2007submitted by the 5th respondent and pass Counsel for the Petitioner: MR.V.R.REDDY KOVVURICounsel for the Respondents: GP FOR SOCIAL WELFAREThe Court made the following :

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ORDER:

The petitioner is a minority educational institution. The firstrespondent issued G.O.Ms.No.90, dated 30.07.2002 framingcertain guidelines with regard to admission of students belongingto Scheduled Caste (SC) and Scheduled Tribe (ST) community.The petitioner following the guidelines issued under the said G.O.,accommodated as many as 60 students under SC and STcommunity every year without insisting them for payment ofadmission fee, as the same is to be reimbursed by the firstrespondent. While so, the fifth respondent submitted an applicationfor grant of scholarships to the newly admitted students and alsofor renewal of the scholarships to the students to whom thescholarships were already granted and requested the authorities torelease the scholarships to the students. Alleging that though thefifth respondent submitted proposals long ago no action has beentaken, the petitioner approached this Court by filing the presentwrit petition.

Heard learned counsel for the petitioner and the learnedGovernment Pleader for Social Welfare.

In view of the above submission of proposals by the fifthrespondent, the first respondent is duty bound to release thescholarships in terms of G.O.Ms.No.90, dated 30.07.2002.Accordingly, the Writ Petition is disposed of with a direction torespondents 1 to 4 to consider the proposals submitted by the fifthrespondent for release of scholarships as per the guidelinesframed under G.O.Ms.No.90, dated 30.07.2002 within a period of four weeks from the date of receipt of a copy of this order.

_____________________________

(Gopala Krishna Tamada, J.)

29[th] December, 2008Note: Issue C.C. in two days.

(B/o) / Js.

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