Andhra Pradesh High Court - Amravati
The State Of Ap vs Myla Srinivasa Rao on 6 February, 2024
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT APPEAL No.872 of 2023
The State of Andhra Pradesh,
Rep. by its Principal Secretary,
B.C. Welfare Department, Secretariat,
Velagapudi, Amaravathi, A.P. and two others.
... Appellants
Versus
Myla Srinivasa Rao, S/o. Gurumurthy,
Aged about 54 years, R/o. 13-6-42/1,
Malleswara Swamy Veedhi,
Pinapadu, Tenali, Guntur District and another.
...Respondents
Government Pleader for Social Welfare, Counsel for the appellants.
Md. Saleem Pasha, Counsel for respondent No.1.
None for respondent No.2.
DATE : 06.02.2023
PER DHIRAJ SINGH THAKUR, CJ:
1. The present writ appeal under clause 15 of the Letters Patent
has been preferred against the judgment and order dated
28.01.2023 passed in W.P.No.157 of 2023, whereby the writ
petition was disposed of by the learned single Judge following the
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decision rendered in W.P.No.38282 of 2022, dated 05.12.2022 and
has issued directions to the official respondents to release the
sanctioned funds under the scheme prescribed by the Government
for Overseas Education for BC students.
2. Briefly stated the material facts are that the Government of
Andhra Pradesh adopted a policy for providing financial assistance
to the students for pursuing higher education in foreign countries
in professional and other graduate courses. The scheme was meant
for the benefit of the Backward Classes to which the petitioner
belongs. This policy was reflected in G.O.Ms.No.29, BC Welfare (B)
Department, dated 27.08.2016.
"Clause (f)" of the aforesaid Government Order prescribed the
mandatory conditions for determining not only the eligibility
conditions but also inter alia prescribed under "Clause - f (vi)" as
under:
"f. (vi) The Candidate can change the course of study or
research. Permission will be accorded on a case by case basis,
subject to the approval by the State Level Selection
Committee constituted under the Scheme."
3. The petitioner applied in terms of the G.O.Ms.No.29, dated
27.08.2016 and therefore, sought admission for undergoing Master
of Construction Management course in Deakin University, Australia
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for the academic year 2018-19. The State Selection Committee
constituted for screening the eligibility of the candidates under the
scheme as envisaged in G.O.Ms.No.29, after appraisal of the
requisite documents, approved the petitioner for admission in the
said course in Australia. The petitioner was then entitled to receive
an amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) under the
said scheme for undergoing Master of Construction Management
course in the said University.
4. The petitioner after completing the first Semester in the
aforementioned University in Australia is stated to have met with
an accident and thereafter discontinued his second Semester
studies and later joined a diploma course in Management from the
Frontier Education, Melbourne in Australia. It is on that account
that the General Administration (Vigilance and Enforcement)
Department of the Government of Andhra Pradesh held the
petitioner ineligible to the aforementioned amount of
Rs.10,00,000/- under the G.O.Ms.No.29, in view of the fact that he
had not obtained the prior permission from the concerned
authorities for change of course and the University.
5. In the backdrop of the aforementioned facts, the petitioner
filed the writ petition seeking an appropriate direction for release of
the said amount. By virtue of the judgment and order impugned, the
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learned single Judge directed the respondents for release of
sanctioned funds under the Overseas Education Scheme for BC
students within a period of six (6) weeks. This direction was issued
following the direction earlier issued in W.P.No.38282 of 2022,
dated 05.12.2022.
6. On a perusal of the judgment rendered in W.P.No.38282 of
2022, it can be seen that this was a case where the petitioner had
claimed that he had undergone the Master Degree in Chemical
Engineering in the United Kingdom, pursuant to the sanction order
issued by the official respondent and that an amount of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) which was required to
be paid in instalments by the Government in terms of the scheme
was withheld even when the course had been completed
successfully by the petitioner.
In those circumstances the writ petition was disposed of with
a direction to the official respondents to release the sanctioned
funds.
7. Learned counsel for the appellants would submit that learned
single Judge had committed an error inasmuch as there was no
similarity between the facts of the case decided on 05.12.2022 in
W.P.No.38282 of 2022 and the writ petition filed by the petitioner
herein inasmuch as this was a case where the sanction had been
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granted to the petitioner to undergo the course in Deakin
University, Australia whereas he had on his own changed his
course of study without approval by the State Level Selection
Committee in terms of Clause - f (vi) of the G.O.Ms.No.29 .
8. Learned counsel for the respondents, however, does not
dispute either the existence of "Clause - f (vi)" of the G.O.Ms.No.29
nor the fact that the petitioner had not sought any approval before
changing tracks and seeking admission in a course different from
the one for which the sanction had been accorded. To that extent,
we are of the opinion that the learned single Judge may not have
been legally justified in issuing directions to the official respondents
to release the amount in favour of the petitioner and to that extent
the judgment and order is, accordingly, set aside.
Having held so, we are of the opinion that while it may be true
that the petitioner had not sought the approval for purposes of
changing his course of study from the State Level Selection
Committee constituted under the Government Order, yet it can be
seen that "Clause - f (vi)" does not at all envisage seeking any 'prior
approval' which therefore, suggests that even if the petitioner had
taken admission in a different course, he could still apply for
approval explaining the circumstances in which he was forced to
change tracks midway after having taken admission and undergone
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the first Semester completely and to some extent the second
Semester of the course in regard to which he had obtained the
sanction.
9. We need to highlight here that the petitioner has claimed that
he had suffered an accident while undergoing the course and may
be it is on that account that he could have been prevented from
undergoing the course for which he had obtained the sanction for
grant of monetary support. Issues like shortage in attendance etc.,
may have forced the petitioner to abandon the course of study.
However, all these factors may have to be projected by the
petitioner before the State Level Selection Committee under the
G.O.Ms.No.29, BC Welfare (B) Department, dated 27.08.2016.
10. Be that as it may, we hope that the State Level Selection
Committee would consider all these aspects if a formal application
is filed for seeking approval of the State Level Selection Committee,
notwithstanding the fact that the petitioner had since completed
the said course, if the said application is filed not later than four
(04) weeks from today. The committee shall consider the case of
the petitioner keeping in view other cases where such a change in
course of study was permitted either before taking admission in the
new course or thereafter, and assuming there is no similar case of
granting approval like the one in the instant case, even then the
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Committee would consider the case of the petitioner
sympathetically. The decision be taken positively within a period of
six (06) weeks from the date the application is filed for such an
approval.
11. The writ appeal is, accordingly, disposed of. No order as to
costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
SSN
HCJ & RRR, J
HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
(Per Dhiraj Singh Thakur, CJ)
DATE : 06.02.2023
SSN
