COMMON ORDER:

Both these writ petitions are filed seeking a writ of Mandamus declaring the action of the respondents in restricting Dr.APJ Abdul Kalam Vidya Puraskar Awards to only Government School Students vide GOMs.No.82 dated 05.11.2019 after the merit list for the year 2018-19 is prepared and communicated in terms of guidelines issued in GOMs.No.19, School Education (General) Dated 25.02.2015 as being a hostile discrimination, violative of Articles 14, 19, 21, 21-A of the Constitution of India and against the principles of natural justice and contrary to Right of Children to Free and Compulsory Education Act, 2009 and A.P. Education Act, 1982 and for a consequential direction to the respondents to distribute the Pratibha Puraskar Awards to the students whose names are found in the select list communicated by the District Educational Officers and uploaded in Government website.

2. The facts of the two writ petitions and the issue involved in the writ petitions is one and the same. Hence, both the writ petitions were heard together and are being disposed of by this common order.

3. The 1st petitioner in WP.No.17758 of 2019 is the Andhra Pradesh Private Schools Association represented by its Secretary, East Godavari District, whereas the petitioner 2 & 3 in the said writ petition and the writ petitioners in WP.No.17845 of 2019 claim to be the students who studied in private recognised schools and based on their merit in the SSC examination they were selected and shown in the provisional list for A.P Pratibha Awards, 2019.

4. The grievance of the petitioners is that they were selected for meritorious scholarship under the Prathiba Scholarship Awards scheme enunciated under G.O.Ms.No.19, dated 25.02.2015 modifying the earlier G.O.Ms.No.207, dated 28.06.1999. The said scheme underwent several modifications. In every Mandal, six students will be given Pratibha Awards for their highest score in Class X (the preceding academic year) one each for BC, SC, ST, one for the girl student and two for OC. The student selected for Pratibha award will be given Pratibha scholarship amount in one instalment only @ Rs.20,000/- per awardee. The scheme is applicable to both private and Government schools. The students for awarding Pratibha awards will be selected from the private and Government schools. The entire process should be completed by 11th November of every year as the said day is declared as National Education Day on the occasion of birth anniversary of Moulana Abdul Kalam Azad. Their claim is that they are selected for Pratibha awards for the year 2019. These awards shall be distributed at the District level with the participation of District Ministers/MPs & MLAs. In the function the selected students will be given cash award along with merit certificate and a memento. But the 1st respondent Government issued the impugned GOMs.No.82 dated 05.11.2019 after the merit list is prepared and communicated in terms of guidelines issued in GOMs.No.19, dated 25.02.2015, and re-designated the Pratibha award scheme as ‘Dr.A.P.J. Abdul Kalam Vidya Pursaksar Awards’ and made applicable of the said award to the Government school students only and the same is not made applicable to the private educational institutions as was there earlier in GOMs.No.19, dated 25.02.2015. That is being challenged on the ground of hostile discrimination, violative of Article 14 of the Constitution of India and violative of principles of natural justice and change of policy is said to be applied retrospectively, which is illegal and arbitrary. Even though the petitioners are selected for Pratibha awards and communicated with the list and when the petitioners are about to be given Pratibha wards on 11.11.2019 the impugned GO is issued on 05.11.2019. Pratibha awards were arbitrarily denied to the petitioners in view of GOMs.No.82, dated 05.11.2019.

5. The respondents filed counter stating that the State of Andhra Pradesh introduced a scheme called ‘Prathiha Awards’ vide GOM