Andhra Pradesh High Court - Amravati
Gandi Giridhar vs The State Of Andhra Pradesh on 30 July, 2024
APHC010251122023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 13295/2023
Between:
Gandi Giridhar ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. S.V.S.S.SIVA RAM
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR SOCIAL WELFARE
The Court made the following:
ORDER:-
1. This writ petition is filed claiming the following relief:
"...To issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not processing the petitioner's application vide Application No.2022003620 under "Jagan Anna Videshi Vidaya Deveena" despite being eligible in terms of G.O.Ms.No.39, Social Welfare (EDN) Department, dated 11.07.2022 and consequently not releasing the financial assistance amount of Rs.40,00,000/- towards the tuition fee in the Petitioner's Bank Account for the 2 year joint EIT Inno Energy Master's program offered by KTH Royal Institute of Technology, Sweden as being arbitrary, illegal, unjust, contrary to G.O.Ms.No.39, Social Welfare (EDN) Department, dated 11.07.2022 and violative of the Fundamental Rights of the petitioners guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the Respondents herein to process the petitioner's Application vide Application No.2022003620 under "Jagan Annna Videshi Vidya Deveena"
and forthwith release the financial assistance amount of Rs.40,00,000/- towards the tuition fee in the petitioner's Bank Account for the two year joint EIT Inno Energy Master's program offered by KTH Royal Institute of Technology, Sweden and pass such other order or orders..."
2. Heard learned counsel for the petitioner, learned Government Pleader for Social Welfare and learned Government Pleader for Revenue.
3. Learned counsel for the petitioner submits that the petitioner herein submitted an application to the Respondents seeking financial assistance under the scheme of "Jagananna Videshi Vidya Deveena", which was framed under G.O.Ms.No.39, Social Welfare (EDN) Department, dated 11.07.2022. As per the said scheme, the petitioner herein is entitled for financial assistance to the extent of Rs.40,00,000/- towards the tuition fee to pursue his two-year joint EIT Inno Energy Master's program offered by KTH Royal Institute of Technology, Sweden. He further submits that the petitioner submitted an application along with required documents in terms of G.O.Ms.No.39, dated 11.07.2022. But, even after the lapse of one year, the Respondent Authorities neither sanctioned the financial assistance nor rejected the claim of the petitioner. Hence the writ petition.
4. After serving notice upon Respondent No.2, learned Government Pleader for Social Welfare filed counter affidavit on behalf of Respondent No.2, wherein it is stated that the "Jaganana Videshi Vidya Deevena scheme"
extended financial assistance to all the eligible BC graduate students to pursue Post Graduate studies at abroad subject to the conditions indicated as per Clauses X & XI of the G.O.Ms.No.39, dated 11.07.2022 as extracted hereunder:
X. Qualifications:
a) For Post Graduate courses: 60% marks or equivalent grade in foundation Degree in Engineering d Sciences /Agriculture Sciences / Sciences/Humanities. Management / Pure Medicine & Nursing/Social
b) For Ph.D. course: 60% marks or equivalent grade in P.G Course in Engineering / Management / Pure Sciences/ Agriculture Sciences Medicine / Social Sciences / Humanities. c)For MBBS courses: 60% marks in Intermediate or equivalent course. XI. Other mandatory requirements:
a) He/she should have a valid score in TOEFL /IELTS/ GRE/ GMAT.
b) He/she should have obtained admission in any of the top 200 foreign Universities ranked by QS world university rankings, every year, (as per latest ranking list available at the time of inviting applications for the scheme).
c) He/she should possess a valid Visa and Passport
before applying for this scheme. It will be the
responsibility of the candidate to obtain the appropriate
visa for a country wherein one intends to study further with
scholarship under the Scheme.
d) The Candidates are required to make their own efforts in seeking admission in accredited University/Institution abroad.
e) The selected candidate has to join the concerned university/institution within six months of communication of selection under this scheme. On expiry of this specified period of time, the sanction will get automatically cancelled. No request for extension of time for availing the award is permissible under the Scheme.
f) The candidate shall not change the course of study or research for which the Scholarship has been sanctioned.
g) The applications shall be complete in full shape and shall be furnished with all relevant documents. The applications, incomplete in any respect, are liable to be rejected.
5. Learned Government Pleader for Social Welfare submits that the petitioner who is an applicant does not satisfy the eligibility criteria/qualification for Post Graduate Courses i.e. 60% marks or equivalent grade in foundation Degree in Engineering / Management / Pure Sciences / Agriculture Sciences / Medicine & Nursing / Social Sciences / Humanities. Therefore, the petitioner is not eligible for the financial scheme as envisaged. Accordingly, the application of the petitioner was not considered by the Respondents.
6. In reply, the learned counsel for the petitioner substantiated the qualifying marks that the petitioner had already attained in Bachelor of Technology (Mechanical and Automobile Engineering) as required in terms of the scheme, for which he also relied upon the Statements of Grades (marks list) issued by the Amity University, Uttar Pradesh, wherein the petitioner was awarded degree/Bachelor of Technology with CGPA: 6.12 or 61.2%. He further submits that the Respondents calculated the CGPA in general terms and determined that the petitioner did not achieve the aggregate 60% marks as envisaged under the scheme. But, as per regulations of Amity University, it specifically indicates that whatever the grade/points of the CGPA secured, the same CGPA shall be multiplied by 10, the outcome of multiplication in total percentage of marks of the candidate/ the petitioner. Therefore, the petitioner secured 61.2% in Degree / Bachelor of Technology (Mechanical and Automobile Engineering). Hence, the order of rejection of the Respondents is liable to be set-aside and declare that the petitioner is entitled to relief as prayed for.
7. Having regard to the submissions made by both the counsels and on perusal of the certificate and Statement of Grades of Amity University and other materials placed on record, it is an admitted fact that the CGPA awarded to the petitioner should multiplied by the 10 and the multiplied marks are equal to the percentage. Therefore, the CGPA of 6.12 will be multiplied by 10 i.e. 6.12 X 10 = 61.2 is the percentage secured by the petitioner. Hence, the petitioner secured 61.2%. As such, it is deemed conclusion that the petitioner was awarded Bachelor of Technology with 61.2% only. Hence, the order of rejection of the Respondents on the ground that the petitioner did not secure the required percentage is arbitrary and a mistake of fact which cannot be accepted and liable to be set aside.
8. Any rejection or objection by the Respondents, it should be preceded by prior notice and the petitioner is further entitled to financial assistance under the terms of G.O.Ms.No.39. It is further observed that the petitioner is still pursuing a PG course at the KTH Royal Institute of Technology, Sweden where he got admission which was furnished to the Respondents.
9. In view of the reasons stated above, the writ petition is allowed and the order of rejection of the Respondents is hereby set aside. Further, the Respondents are directed to grant financial assistance amount to the petitioner in terms of G.O.Ms.No.39, Social Welfare (EDN) Department, dated 11.07.2022, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.
10. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 30th July, 2024 Knr HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.13295 of 2023 30th July, 2024 knr