Andhra Pradesh High Court - Amravati
B Vikram Kumar Reddy vs The State Of Andhra Pradesh on 15 November, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HON'BLE JUSTICE D.RAMESH
Writ Petition No. 13450 of 2021
ORDER:
This Writ Petition under Article 226 of the Constitution of India is filed to declare the action of the respondent Nos.4 and 5 in not sanctioning /monitory benefit to the petitioner for the study of his 2nd and 3rd year of LLB course at Prasuna Law College, Kurnool as illegal, arbitrary.
2. Heard both sides and perused the material placed on record.
3. Learned counsel for the petitioner has submitted that the petitioner has made an application for scholarship for study of two years enclosing ID.No. 201907907954 along with all related documents through volunteer. As there is no response, he made a representation on 26.02.2020 to the 6th respondent under RTI Act for grant of scholarship. The 6th respondent has also not responded to his representation. Then the petitioner has made an appeal to the 1st Appellate authority on 11.06.2020. The 1st appellate authority has also not responded to the appeal of the petitioner. Subsequently, the petitioner made second appeal before the 2nd appellate authority on 12.08.2020. The 2nd 2 appellate authority has addressed a letter on 24.08.2020 to the 1st appellate authority to furnish information to the petitioner. The information was furnished by the 4th respondent on 21.12.2020 stating that the petitioner is not eligible for scholarship under Jagananna Vidya/Vasathi Deevana Scheme, since one of the petitioner's family members has filed income tax returns. Hence, the present writ petition.
4. After notice, the 2nd respondent has filed counter stating that the Government issued G.O.Ms.No.115 Social Welfare (EDN) Department dated 30-11-2019, for implementation of the Jagananna Vidya/ Vasathi Deevana Scheme from the year 2019-20. In the said Scheme, fees pay reimbursement is provided to all the eligible students i.e., Rs.10,000/- per person to ITI students, Rs. 15,000/- per person to provide Polytechnic students, Rs. 20,000/- per person for other Degree and above courses per year. The terms and conditions of the said G.O are as follows:
(i) the total family annual income to be less than or equal to Rs. 2,50,000/-;
(ii) the total holding of the land should be less than Ac.10.00 cents if wet or Ac.25.00 cents dry or Ac. 25.00 cents both wet and dry.3
(iii) No member of the family should be a government employee /pensioner.
(iv) No member of the family should own a four-wheeler
(v) A family, who owns no property or less than 1500 sft.
of built up area and
(vi) No member of the family should be an income tax payee.
5. In the instant case, on verification it came to light that as per condition No.7 of the aforementioned G.O, the petitioner is not eligible since his sister has filed income tax returns.
6. The petitioner has filed additional affidavit/ reply to the counter categorically stating that the sister of the petitioner namely Bobbala Aruna Geetha's marriage ceremony was performed long back on 01.01.2016. He filed marriage certificate in support of his contention. When once marriage is performed, the authorities ought not to have treated her as family member of the petitioner.
7. In view of the aforesaid circumstances, as the elder sister of the petitioner has got married way back in the year 2016 and living separately, she could not be treated as a member of the petitioner's family and the respondents ought not to have rejected the case of the petitioner.
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8. Therefore, this writ petition is disposed of directing the respondents to consider the case of the petitioner for scholarship under Jagananna vasathi deevena scheme without reference to his sister's income tax returns and pass appropriate orders within a period of one (1) week from the date of receipt of a copy of this order. Insofar as allegations made against the respondent Nos. 5 and 6, this court is not inclined to pass any order. No costs.
9. As a sequel miscellaneous application, pending, if any, shall also stand closed.
________________ JUSTICE D.RAMESH 15.11.2022 PSR 5 155 THE HON'BLE JUSTICE D.RAMESH (Disposed of) Writ Petition No. 13450 OF 2021 Date: 15-11-2022 Psr