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1996 Supreme(AP) 475

P.S.MISHRA, S.S.HUSSAINI
Kumari Sheela Rani, minor, rep. by her father Sri D. J. Varaprasada Rao – Appellant
Versus
State OF A. P. , rep. by the secretary to Govt. , Social Welfare Department, Hyderabad – Respondent


P. S. MISHRA, C. J.

( 1 )

( 2 ) THIS appeal by a minor represented by her father has arisen out of a proceeding under Article 226 of the Constitution of India. The question herein is whether the Government Order in G. O. Ms. No. 309, Social Welfare (02) department, dated 6-5-1985, which has restricted scholarship to the Scheduled caste students studying in Hyderabad Public School to one child in a family, is valid.

( 3 ) WRIT petitioner - appellant, it is not in dispute, belongs to the Scheduled caste and is admitted in Hyderabad Public School on merits. She applied for the scholarship to which Scheduled Caste students are eligible. She has, however, been denied the scholarship on the ground that her brother is also studying in the school and is receiving the scholarship. She has moved this Court thus alleging that the decision to deny to her the benefit of the scholarship, which is sought to be based on the Government Order aforementioned, is illegal and violative of the equal protection of law and equality before law as enshrined under Article 14 of the Constitution of India.

( 4 ) RESPONDENTS have not disputed the above. Learned single Judge has held, "the petitioner is not able







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