Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(AP) 16771

HIGH COURT OF ANDHRA PRADESH
Nyapathy Vijay, J
SHAIK SIRAJULLA KHAN – Appellant
Versus
THE STATE OF AP – Respondent
W.P.Nos. 36610, 36631, 36635 and 38213 of 2022 | 4477, 4479, 4500, 4502, 4526, 4531, 5177, 5207, 5212, 5220, 5239, 8287, 8290, 8292, 8295, 8428, 8438, 8445, 8459, 9347, 9435, 9437, 9439, 9845, 10049, 10050, 10075, 10368, 10369, 12957, 15922 and 28664 of 2023

Advocates:
For the Appellants/Petitioners: Peddi Vijayabhaskar, Md.Saleem Pasha
For the Respondents: Government Pleader for Social Welfare, Government Pleader for Revenue

State authorities are obligated to process scholarship applications for which a candidate has been issued an e-pass; administrative delays or failure to convene a selection committee cannot be used as a reason to deny legitimate claims for financial assistance.

Headnote:(A) Administrative Law - State scholarship schemes for overseas education - Delay in convening State Level Screening Committee (SLSC) - Applicants issued with e-pass - Whether applicants are entitled to consideration for financial assistance despite administrative lapses by the State. (Para 47, 49, 50)

(B) Writ Jurisdiction - Relief - Direction to constitute committee and consider applications post facto - Held, administrative inaction or failure to convene SLSC cannot prejudice applicants who hold valid e-passes. (Para 50, 51)

Facts of the case:
The petitioners applied for various state-sponsored overseas education scholarship schemes between 2018 and 2023. Although they were issued e-passes, the government failed to convene the State Level Screening Committee (SLSC) due to the COVID-19 pandemic and alleged procedural lapses in the schemes, resulting in non-disbursement of scholarship amounts.

Findings of Court:
The court observed that the issuance of an e-pass creates a legitimate expectation for consideration. The respondent's failure to conduct committee meetings cannot be held against the applicants. The court directed the constitution of an SLSC to reconsider the applications under the original applicable government orders.

Issues: Whether the petitioners are entitled to the release of scholarship funds when the screening committee failed to meet to process their applications, despite the applicants fulfilling the prerequisite of obtaining an e-pass.

Ratio Decidendi: Where the state introduces welfare schemes and issues process documents (e-pass), it is bound to facilitate the selection process. Administrative failure to convene a committee cannot be used as a ground to deny potential beneficiaries their rights if they otherwise meet the eligibility criteria.

Result: Petitions allowed with directions to the state to constitute committees and consider applications.

Table of Content
1. consolidation of multiple writ petitions involving common grievances. (Para 1 , 36 , 37)
2. overview of various government schemes for overseas education and their evolution. (Para 38 , 44)
3. administrative burden of e-pass systems and screening committee delays. (Para 45 , 47)
4. obligation of state to process applications once procedural prerequisites are met by applicants. (Para 48 , 51)
5. direction for post-facto consideration of scholarship claims. (Para 52)

COMMON ORDER:

1. W.P.No.36610 of 2022 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 06.01.2020 for pursuing MBBS course in Kazakhisthan and releasing the scholarship amount granted under “Ambedkar Overseas Vidhya Nidhi’ under G.O.Ms.No.54 Social Welfare (Edn.2) Department, dated 28.06.2013 as illegal and arbitrary.

2. W.P.No.36631 of 2022 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 13.02.2020 for pursuing MS course in Germany and releasing the scholarship amount granted under “Ambedkar Overseas Vidhya Nidhi’ under G.O.Ms.No.54 Social Welfare (Edn.2) Department, dated 28.06.2013 as illegal and arbitrary.

3. W.P.No.36635 of 2022 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 11.02.2020 for pursuing MBBS course in Philippines and releasing the scholarship amount granted under “Ambedkar Overseas Vidhya Nidhi’ under G.O.Ms.No.54 Social Welfare (Edn.2) Department, dated 28.06.2013 as illegal and arbitrary.

4. W.P.No.38213 of 2022 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 22.02.2019 for pursuing MBBS course in Philippines and releasing the scholarship amount granted under “Overseas Education Scheme for Minority Students’ under G.O.Ms.No.33, Minorities Welfare (EDM) Department, dated 29.09.2016 as illegal and arbitrary.

5. W.P.No.4477 of 2023 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 25.09.2020 for pursuing MBBS course in Philippines and releasing the scholarship amount granted under the scheme of ‘Economic Support’ under G.O.Rt.No.174 BC Welfare (B) Department, dated 07.12.2017 as illegal and arbitrary.

6. W.P.No.4479 of 2023 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 28.12.2019 for pursuing MBBS course in Davao University, Philippines and releasing the scholarship amount granted under the scheme of ‘Overseas Education Scheme’ under G.O.Ms.No.33 Minority Welfare (EDM) Department, dated 29.09.2016 as illegal and arbitrary.

7. W.P.No.4500 of 2023 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 25.01.2020 for pursuing MBBS course in Khazakhistan and releasing the scholarship amount granted under the scheme of ‘Overseas Education Scheme’ under G.O.Ms.No.33 Minority Welfare (EDM) Department, dated 29.09.2016 as illegal and arbitrary.

8. W.P.No.4502 of 2023 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 04.11.2019 for pursuing MBBS course in Philippines and releasing the scholarship amount granted under “Ambedkar Overseas Vidhya Nidhi’ under G.O.Ms.No.54 Social Welfare (Edn.2) Department, dated 28.06.2013 as illegal and arbitrary.

9. W.P.No.4526 of 2023 is filed declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 06.09.2019 for pursuing General Medicine course in International School of Medicine, Kyrgyzstan and releasing the scholarship amount granted under the scheme of ‘Economic Support’ under G.O.Rt.No.174 BC Welfare (B) Department, dated 07.12.2017 as illegal and arbitrary.

10. W.P.No.4531 of 2023 is filed declaring the action of the Respondent-aut

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