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meeting other expenses for her post graduate studies. It is contended that the impugned provisions of Ext.P-3/Ext.R-3(a) to the extent it stipulates that the students pursuing unaided courses in recognised unaided colleges are not eligible for the benefit of educational grant meant for Scheduled Caste students, while at the same time, making the same benefits available to Scheduled Caste students pursuing even unaided courses in aided colleges controlled/recognized by the Universities and Government is patently vitiated by hostile discrimination. The hostile discrimination is all the more patent because such benefits are given even to students pursuing parallel college education on the basis of private registration with the Universities, etc. It is in the light of these factual aspects and the legal contentions that the petitioner has instituted the above Writ Petition (Civil) with the following prayers:
W.P.C.28757/13 - : 7 :-
5. Sri.Alexander Joseph, learned counsel appearing for the petitioner has submitted that the impugned provisions of Ext.P-3/Ext.R3(a) are patently vitiated by hostile discrimination in the matter of an affirmative action meant for the protection and advancement of educational interests of Scheduled Caste/Scheduled Tribe students as conceived in Art.46 of the Constitution of India.
6. Sri.Alexander Joseph, the learned counsel for the petitioner would also submit that the scholarship scheme in question is regulated by Ext.P-7 circular dated 31.10.2010 issued by the Government of India in the Ministry of Social Justice & Empowerment and that the said scheme has expressly laid down that the Scheduled Caste students pursuing Post Graduate courses like M.Com. are entitled for a monthly allowance of Rs.530/- for day scholars and Rs. 820/- for hostlers and that the said scholarship is paid through respondents 1 to 3. Therefore, the State Government, in exercise of its executive power as in the impugned Ext.P3/Ext.R3
7. The learned Special Government Pleader, who appeared on behalf of respondents 1 to 3, defended the case on the basis of the averments and contentions raised in the counter affidavit dated 3.1.2014 filed on behalf of respondent No.3 and submitted that the right conferred on the Scheduled Caste students emanates only on the basis of Ext.P-3/Ext.R3(a) G.O. dated 2.7.2009 and such other related Government orders and that the Government, as a conscious policy measure, has taken the considered decision not to grant the above said benefit in question to Scheduled Caste students pursuing unaided courses in unaided colleges and that the petitioner cannot have any grievances in that regard, as she can claim the right only on the basis of the Government order. The learned Government Pleader has further contended that there is no hostile discrimination or unreasonableness in the impugned State action in excluding Scheduled Caste students pursuing unaided courses in unaided W.P.C.28757/13 - : 10 :-

13. The principles laid down by this Court in regard to the aspect of hostile discrimination and test of reasonable classification in the case of parallel colleges are applicable with greater vigour in the present case relating to students pursuing unaided courses in unaided colleges. There is no reasonableness in differentiating W.P.C.28757/13 - : 24 :-

between the Scheduled Caste students pursuing courses in unaided affiliated recognized colleges and Scheduled Caste students pursuing unaided courses in aided affiliated recognized colleges. The objective of the scheme is for educational empowerment of Scheduled Caste and Scheduled Tribe students pursuing courses in the University stream. Both set of students in the unaided colleges as well as in the aided colleges are pursuing educational courses in affiliated recognized colleges. It is for empowering such Scheduled Caste/Scheduled Caste students pursuing educational courses in the University stream that the scheme in terms of Ext.P7 and Ext.P- 3/Ext.R3(a) has been made. Therefore, denying the benefit to Scheduled Caste/Scheduled Caste students studying in unaided colleges alone is nothing but hostile discrimination and amounts to an unreasonable classification.