IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. VIJAYA LAKSHMI, J.
Sri Krishnadevaraya University Private Degree Colleges Management Association - Appellant
Versus
The State of Andhra Pradesh and Ors. - Respondents
Writ Petition No. 8551 of 2021
Decided On : 27-08-2021
Constitution of India, 1950 - Social Welfare (Education) Department – Challenging government order - In G.O., it is stated that in case mother does not pay fees to college and misuses scholarship amount Government is not responsible for coverage of student concerned under "Jagananna Vidya Deevena" scheme from next quarter - Said scheme would adversely affect academic career of student, as majority of mothers who are availing scheme are illiterates with very weak economic background and they might have their own financial commitments – Held, nothing is stated in impugned GOs with regard to continuation of student in same college if fees is not paid by mother - If college is not having adequate infrastructure or not conducting classes as per norms prescribed, irrespective of scholarship amount, mother or father of student, do have a right to complain against college - If amount is credited to college account, chances of discontinuing education by student are minimal - All educational institutions which are registered in Janmabhoomi portal are instructed not to insist on fees at time of admission - As crediting amounts into accounts of mothers of students will not assure continuation of education of their children, object for which such scheme is enunciated, impugned GOs to extent of all clauses pertaining to "Jagananna Vidya Deevena" scheme are liable to be set aside - Writ Petition allowed in part.
ORDER :
K. Vijaya Lakshmi, J.
1. This Writ Petition is filed questioning G.O. Ms. No. 28, Social Welfare (Education) Department, dated 16.06.2020 amending G.O. Ms. No. 115, Social Welfare (Education) Department, dated 30.11.2019 and G.O. Ms. No. 64, Social Welfare (Education) Department, dated 06.11.2020.
2. The case of the petitioner is that;
(a) it is an Association of Private Degree Colleges.
(b) Government introduced two schemes vide G.O. Ms. No.115, Social Welfare (Education) Department, dated 30.11.2019, which are called "Jagananna Vidya Deevena" and "Jagananna Vasathi Deevena".
(c) "Jagananna Vidya Deevena" scheme provides for post metric scholarship to students belonging to Scheduled Caste, Scheduled Tribe, Backward Classes, EBC (other than Kapu), Kapu, Minority and Differently Abled categories.
(d) "Jagananna Vasathi Deevena" provides for payment of Rs.10,000/- per person to ITI students, Rs.15,000/- per person to Polytechnic students, Rs.20,000/- per person for other degree and above courses per year to every eligible student for food and hostel expenses.
(e) G.O. Ms. No. 115, Social Welfare (Education) Department, dated 30.11.2019, provides for crediting the scholarship amount to the respective college account on behalf of the student and by virtue of the amendment made vide G.O. Ms. No. 28, dated 16.06.2020, the said amount is credited to the account of mothers concerned from the academic year 2021-22 for onward payment to the College.
(f) In G.O. Ms. No. 64, dated 06.11.2020, it is stated that in case the mother does not pay the fees to the college and misuses the scholarship amount the Government is not responsible for coverage of the student concerned under "Jagananna Vidya Deevena" scheme from the next quarter.
(g) The said scheme would adversely affect the academic career of the student, as the majority of the mothers who are availing the scheme are illiterates with very weak economic background and they might have their own financial commitments and there is every likelihood that the said amount could be diverted for some other purpose instead of paying to the college and in such an event the purpose for which the scholarship scheme is meant would be defeated. Hence, the Writ Petition.
3. Counter affidavit is filed by the third respondent stating, inter alia, that in order to empower the mothers of the students and for proper functioning of the colleges the impugned GOs are issued and that through this method the mothers will monitor the facilities at the colleges and that if the mother does not pay the said amount to the College the Government will not be responsible to cover the student under the "Jagananna Vidya Deevena" from the next quarter.
4. Heard Sri. M. Sri. Vijay, learned counsel for the petitioner and learned Government Pleader for Social Welfare.
5. Government issued G.O. Ms. No. 115, Social Welfare (Education) Department, dated 30.11.2019, introducing two new schemes viz. (i) "Jagananna Vidya Deevena" and (ii) "Jagananna Vasathi Deevena". "Jagananna Vidya Deevena" scheme provides for complete fee reimbursement to every eligible student and the second scheme "Jagananna Vasathi Deevena" is to provide Rs.10,000/- per person to ITI students, Rs.15,000/- per person to Polytechnic students and Rs.20,000/- per person to every Degree and above courses per year for food and hostel expenses. The said schemes are applicable from the financial year 2019-2020.
6. The eligibility criteria as stipulated in G.O. Ms. No. 115, Social Welfare (Education) Department, dated 30.11.2019, reads as follows.
(a) Eligible Students: The students under the following categories are eligible for availing the Schemes.
i. All the students, pursuing Polytechnic, ITI and Degree & above level courses in Government/Aided/Private colleges, affiliated to State Universities/Boards.
ii. Day scholar students, student
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