High Court · 2025

Petition under Anicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any ottEr appropriate writ, order or direction, declaring the proceedings No.Rc.lrlo.J2l3447l2OOg, dt. 23.10.2008 issued by the 2nd respondent as illegal, arbitrary discriminatory and violative of Artic.le 14 of the Constitution of lndia and consequently direct the respondents to enhance the pre-metric scholarship rates or Rs.20,0001 for each student studying * in Petitioner Schools on par with Rising Sun High School, Warangal from the academic year 2008-09. l.A. NO: 1 OF 2009(WPMP. NO: 28514 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 2nd respondent to enhance the pre-metric scholarship rates @ Rs.2O,bOO/- for each student studying in the Petitioner Schools on par with Rising Sun High School, Warangal from the academic 2008-09 pending disposal of the writ petition. Counsel for the Petitioners: SRI S.GIRIMOJI RAO Counsel for the Respondents: GP FOR SOCIAL WELFARE W.P.NO: 1'1641 OF 2012 Between: Scholars High School, rep. by its Correspondent, M.Raghavolu, S/o Venkataiah, Aged about 61 years, H.No.2-2-422, Krishanpur, Hanamkonda, warangal' ...PETrroNER AND

1. The State of Telangana, Department of Social Welfare, Rep. by its Secretary,

2. The Director of Tribal Welfare, O/o- Tribal Welfare Department, Masab Tank, Secretariat, Hyderabad. Hyderabad. Secretariat, Hyderabad.

3. The State of Telangana, Tribal Welfare Department, Rep. by its Secretary, 4. Project Officer (FAC), ITDA, Eturunagaram, Warangal Dist. 5. Thd Commissioner, Tribal Welfare, DSS Bhavan, Masab Tank, Hyderabad. 6. The District Tribal Welfare Officer, Warangal. RR 1 to 3, Cause Title is amended as per Court Order dt: 2410312023 in ( A'No 1/2023) I ...RESP.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of fVlandamus, declaring the discriminative attitude of the respondent no.5 in issuing the proceedings Rc. No. J2|329O|2OAO dald 02.O1.2O1O, as illegal, arbitrary, discriminator), and violative of article 14 and 19 of constitution of lndia and prirrciples of natural justice consequ€ntly direct the respondents to enhance the pre-matric scholarship rates Rs.20'O00/- for each student studying in petitioner school on par with oth€r similarly situated BAS schools in warangal for the academic year 20o9-'10 and direct the respondents to allot new students for the academic year 2012-13 l.A. NO: 1OF 2012(WPMP. NO:'14668 0F 20't2) Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to enhance the pre-matric scholarship rates Rs.20,000/- for each student studying in petitioner school on par with other similarly situated BAS Schools in warangal from the academic year 2009-10 pending disposal of main Writ Petition. Counsel for the Petitioner: SRI S.LAKSHMI KANTH Counsel forthe Respondents: GP FOR SERVICES !l The Court made the following: COMMON ORDER 'f.1 HON'BLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No. 21949 OF 2OO9t AND WRIT PETITION NO. 1164I OF 2OI2 a COMMON ORDER: By way of these Writ Petitions, petitioners seek a direction to respondents - Tribal Welfare Department to enhance the pre-metric scholarship rates @ Rs.2O,OOO/- per student on par with other similarly-situated Best Available Schools in Warangal District for the academic years 2008-O9 and 2009-lO respectively and additionally, in Writ Petition No. 1 1641 of 2Ol2 to allot new students lor the academic year 2Ol2-13. Hence, they are being heard rogether.

2. In Writ Petition No. 21q49 of 2O9, petitioners impugn the proceedings dated 28.05.2009 issued by the Director of Tribal Welfare stating that pctitioners schools could not be considered once again during 2OO8-09 as their request for enhancement of scholarship rates lt as already considered as per SLC recommendations mentioned thcrein. In Writ petition No. 11641 of 2012, proceedings clated O2.OI.2OlO issued by the Commissioner of Tribal Welfare Department agreed for renewal, approved as per 2008-09 rates onlv but denicd new admissions for 201O- 1 1 I i i i i t J i I I 1 2 r) sanctioning scholars who are admitted to BAS. The definirion as one of the Best Availa where numerous tribal exemolar5r results in b Examinations They have academic standards, and i in these public exams. rssued G.O.Ms. No. The case of petitioters is that they are considered ble Schools {BAS) in Warangat District, students are enrolled and achieving oth 7n ard I Otlx class public consistently been maintaining high ts students perform exceptionally well It is stated that the lst respondent 17S, dared OZ.t2.lgg}, for the purpose of hips to selected Scheduled Tribe students Pre-Matric and pre-Universit5r classes in of 'BAS as per the said G.O. refers to schools meedng specific criteri a outlined in Rule IV of the Rules. These criteria stipulate that t he school must maintain a high standard of education, uphold discipline, and encourage extra_ curricular activities. Additionally, the school must consistently achieve a pass perccntagc of no less tltan 9Oo/oin all classes, excluding 7ft and lOrh Classcs, and at least 75%o pass percentage in lofr class public Examinations over the previous five years. Scholarships are granted to eligible students on a year_to_year basis until completion r.rf I Orh or I 2th class, subject to satisfl,ing all prescribecl conditions, with payments made in three equal instalments to the institutions. t \ \ i l i 3 Subsequently, G'O'Ms'No' 7O dated O 1'08'2O0 I superseded G.O.Ms.No. 175 and introduced revised guidelines aimed at streamlining the implementation of the scheme' The revised guidelines specify that scholarships for students will be determined by the District Level Committee (DLC) or the State Level Committee (SLC), with amounts uplo Rs 8'OOO/- per annum for classes upto VIII and Rs' l2,OOOl- per annum for classes VIII, IX, arrd X. It is stated that the District Level Committee meeting regarding the BAS was held on O5'07'2OO8' Minutes of which revealed that DLC recommended renewal of BAS school for 2OO8-O9 academic year and also suggested enhancement of scholarships' The recommended scholarship amounts were Rs. 16,000/- per student in classes SIh to 7th and Rs. 18,O0O/- per student in classes 8Ih to loth Fur[hermore' the proceedings dated 23.7O.2OOa documented that the State I-evel Committee, after meeting on 30 O8.20O8' recommended sanctioning scholarships of Rs. 12,0O0/ - per students in classes Sfr to 7h and Rs. |7,OOO l- per student itr classes 8th to 10m for 20O8-O9 academic year. Notably, the Rising Sun School in Warangal received a scholarship amount of Rs' 20'OOO/ for all classes, from 5b to 1Oth, a beneht also extenclcd to Little Flower High School in Bhadrachalam, Khammam District' Therefore' petitioners made representations to thc 2"d respondent - I 4 Director of Tribal Welfare in December 2OOg, urging enhancement of pre-metric scholarship to Rs. 20,0O0 per each student, citing the superior position of their schools, however, as no action was taken, Writ petition No. T1OO of 2OO9 was frled requesting enhancement of the scholarships to Rs. 2O,0OO for the 20Oa-09 academic year, in line with the benehts given to Rising Sun High School. In the said Writ petition, the 2nd respondent was directed to consider the representations and pass appropriate orders. However, the 2nd respondent rade order dated 28.O5.2OO9 denicd the rcquest for enhancement as the request for enhancement had already been considered for 2OO8-O9 academic year, and District Level Committee had only increased the scholarship amounts to Rs. 2O,OOO/- tor certain institutions in response to the rise in commodity prices and rental values. The State Level Commirtee had considered the DLC's recommendations and approvecl scholarships of Rs. |2,OOO/- for classes 5 to 7 and Rs. |7,OOO/ for classes 8 to 10 for 2008-09 academic year. Adclirioni,rllv, the 2d respondent stated that since Petitioner schools u,,ere not identified as BAS, students from the said schools r\.cre not eligible for scholarships at the same rate as Rising Sun High School. However, this statement is factually incorrcct, as the list of BAS schools approved by the State [rvei Committcc lor 2OO8-O9 academic t \ ,l 5 year included Petitioners school, thus confirming that it was indeed a BAS school in Warangal. It is stated while Writ Petition No.21949 of 20O9 is pending, respondents enhanced the scholarship amounts for four schools to Rs. 20,OOO/- per student for 20O9-IO academic year, as per the proceedings dated O2.Ol.20lO. However, the Petitioner school, despite being recommended for the scholarship enhancement by the DLC, was deliberately excluded from receiving the same benefrt. It is further submitted that the scholarships for students at the Petitioner school have remained unchanged since the 2OO8-09 academic year, and even in 20 I l, the Petitioner school was not considered for any enhanccmcnt, despire achieving a pass percentage above 9O/o for thc prcvious five years, i.e., from 2006-07 to 2Ol0-11.

4. In the counter filed in Writ Petition No. 21949 ol 2O09, Commissioner of Tribal Welfare stated that thc rcqucst ()f petitioners for scholarship rate was already considcred and cnhanced and further or second time enhanccm<:nr o[ scholarship in the same academic year 2OO8-O9 could not ltc <:onsidered in view of budgetary constraints. [n Writ Petition No. t 164 I of 2012, the Commissioner stated that durrrrg 2009- 10, some of the DLCs. requested for further enhanccment o[ rates ranging from Rs.12,OOO/- to Rs.2O,OOO/ per annLrnr sraring I I ! I l i I 6 R reasons such as escalation of prices of essential commodities, rental value, etcetera, but SLC has mainly focused on the academic performance of all the BAS in terms of securing minimum 907o success rate in X class public examination during the last five years i.e. 2004-05 to 2OO8-O9 in consonance with G.O.Ms.No. 70, dated O 1.O8.2OO I and considered for enhancement of pre-metric scholarship as proposed by the DLCs. in respect of those schools which have registered minimum 90olo pass rate in SSC / X Class public examinations during the said frve years. During 2OO4-05 and 2005-O6, petitioners schools registered SSC results bclow 9ool" and SLC has not approved further enhancement and considered 20O8-O9 rates only. It was already considered and enhanced during 2OOa-O9 ftom 8,440/- to Rs. 12,OOO/ lbr classcs V to V[[ and Rs.12,660./- to Rs.17,00O/- for classes VIII to X and due to less pass percentage the SLC has not :rpproveci the further enhancement and considered 2OO8 09 r.rtes orlly.

5. Heard Sri S. takshmikanth, learncd counsel for petitioners as well as learned Governmcnt Pleacle r for Services - II on behalf of resPondents.

6. l,eamed Government Pleadcr, bast:d on the written instructions dated 22.10.2O24 submitted by thc District Tribal Development Offrcer, Hanamkonda atrd .laI'ragon, submits that I \ 7 they have already filed counters in both the Writ Petitions. Apart from that, it is stated, the management of petitioner's school in Writ Petition No. 1 1641 of 2Ol2 uide Application dated

22.04.2022, requested to discontinue the school from BAS Scheme and accordingly, decided to surrender all the BAS (ST) students for 2022-23. On consideration of the samc, respondents discontinued the school duly following the procedure in vogue. It is further submitted that petitioner,s school is no more continued as BAS and there are no dues to be paid to thcm.

7. However, learned counsel for petitioners submits, the said instructions indicate that management of school requested rcspondents to discontinue them from BAS Schemc and surrendered all BAS (ST) students for 2022-23 academic year arrd rhis information is irrelevant to the relief sought in these Writ Petitions which pertain to the academic years 2OOg 09 and 20O9 10.

8. In view of the rival contentions, the counter hled br, the Commissioner of Tribal Welfare assumes significance. t Ic statcd thcrein that the request of petitioners for scholarship r:rtc vvas alrcady considered and enhanced and further enhancemcnt in the same zrcademic year 2O08-O9 could not be considerecl in vieu.o[ budgctary constraints. It is also stated that during 2OO9 ,/\ I 8 (-, 10, some of the DLCs. requested for further enhancement of rates ranging from Rs.12,000/- to Rs.20,OOO/ per annum stating reasons such as escalation of prices of essential commodities, rental va-lue, etcetera, but SLC has mainly focused on the academic performance of all the BAS in terms of securing minimum 9O7o success rate in X class public examination during the last five years i.e. 2004-05 to 2008-O9 in consonance with G.O.Ms.No. 70, dated O1.O8.20O1 and considered for enhancement of pre-metric scholarship as proposed by the DLCs. in respect of those schools which have regisLered minimum 9O7o pass rate in SSC / X Class public examinations during the said five years. During 2O04-O5 ar-rd 20O5-06, petitioners schools registered SSC results beb$' 9O7r, and SLC has not approved further enhancement and considcrcd 2OO8 09 rates only. It was a-lready considered and enhanccd cluring 2O08-O9 trom 8,440/- to Rs.l2,O00/- for classcs V to VII and Rs. 12,660./- to Rs.17,000/- for classes VIII to X :rnd drte to less pass percentage the SLC has not approved thc [urther enhancement and considered 2OO8-09 rates onlv

9. In view of the clear and categorical avcrtncnts in counter-aflidavit and also ta.king into considcration the instructions, which are taken on record, this Court rs of the I \ 9 view that petitioners are not entitled to the relief claimed in the Writ Petitions and they are liable to be dismissed.

10. I I . Both the Writ Petitions are dismissed. No costs. Consequently, Miscellaneous Applications, if any shall stand closed. //TRUE COPY// SD/.V.KAVITHA ASSISTANT REGISTRAR sEc.Jtr OFFICER One CC to SRI S.GIRIMOJI RAO, Advocate IOPUC] One CC to SRI S. LAKSHMI KANTH, Advocate [OPUC] Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR SERVICES-II, High Court for the State of Telangana, at Hyderabad. [OUTI Two CD Copies \* To 1 2 J 4 5 PSK. GJP HIGH COURT DATED:0710312025 COMMON ORDER WP.Nos.21949 of 2009 & 11641 ot 2012 a o o .. tnE si^ij c (J( .ri 2 5 Jutl ilE t €sp ATC HEO DISMISSING THE WRIT PETITION WITHOUT COSTS gcodA Kr-- - -/\.\PyY i j i ! I I ! c lr! ! I I €