The court ruled that the exclusion of management quota students from post matric scholarships does not violate fundamental rights, adhering to a lawful policy decision.

ORDER :

Renuka Yara, J.

Heard Sri K. Sangannaidu, learned counsel for the petitioner and Sri Ananthula Ravinder, learned Government Pleader for Social Welfare for the respondents. Perused the entire record.

2. The Writ Petition is filed to declare the action of the respondent Nos.3 to 5 in rejecting the fee reimbursement to the petitioner by not sanctioning the post matric scholarship (‘PMS’) under graduate Medical (MBBS) professional course admitted under management quota ‘B’ category vide proceedings bearing Lr.Rc.No.D1/2330407/2023, dated 01.03.2024 and Lr.No.A3/PMS/2024, dated 18.03.2024, by considering G.O.Ms.No.66, Social Welfare (SW.Edn.2) Department, dated 08.09.2010 as illegal, irregular and against the principles of natural justice and offends the Articles 14 and 21-A of the Constitution of India and consequentially direct respondent Nos.3 to 5 to consider the petitioner’s application for fee reimbursement to him by sanctioning the post matric scholarship under graduate Medical (MBBS) professional course admitted under management quota ‘B’ category by considering the G.O.Ms.No.66, Social Welfare (SW.Edn.2) Department, dated 08.09.2010, duly issued by respondent No.2 herein.

3. The petitioner is challenging the action of respondent Nos.3 to 5 in rejecting the fee reimbursement to the petitioner under post matric scholarship scheme under graduate Medical (MBBS) professional course as he was admitted in management quota in ‘B’ category vide proceedings bearing Lr.Rc.No.D1/2330407/2023, dated 01.03.2024 and Lr.No.A3/PMS/2024, dated 18.03.2024. The petitioner submits that he is entitled to fees reimbursement and rejection of the same is a violation of Articles 14 and 21-A of the Constitution of India. The petitioner attended National Eligibility-cum-Entrance Test (NEET UG-2023) and has been admitted into MNR Medical College, Sangareddy, under CTB-LOC-GEN and categorically mentioned caste as SC- Mala Dasari-35 (SC), which is at community serial No.35, which is recognized as scheduled community. under the Constitution of India. He was also issued caste certificate to the said effect by the concerned authorities. He hails from an economically poor family and he is dependent on his parents for pursuing his studies. His family is below poverty line as recognized by Government of Telangana. The petitioner is unable to afford huge amount payable towards fee for pursuing MBBS. The income certificate dated 15.04.2023 issued by the Government of Telangana is filed and the same shows the annual income of the petitioner’s family is Rs.1,99,000/-. The fee structure as per KNR University of Health Sciences for ‘B’ category is Rs.13,98,000/- for first year, which includes tution fee, special fee, library fee, lab fee, stipend fee, insurance and registration fee and the remaining fee for four years is Rs.55,80,000/- amounting to Rs.69,78,000/- for all the five years. The parents of the petitioner paid his first year fee of Rs.13,98,000/- by borrowing the same on interest with a fond hope that the said amount would be reimbursed by the Government.

4. After getting admitted into college, the petitioner submitted application dated 12.12.2023 addressed to the Chief Minister of the State of Telangana and application dated 08.01.2024 to respondent No.3 requesting to grant post matric scholarship from the Schedule Caste Development Department and both the said applications were rejected on the basis of G.O.Ms.No.14 Scheduled Caste Development (Edn.) Department, dated 27.07.2015. This rejection according to the petitioner is violative of his Fundamental Rights guaranteed under Constitution of India. Therefore, challenged the same invoking extra-ordinary jurisdiction of this Court.

5. Responden