Telangana High Court
Miss A.Bhagyasri, Warangal Dist vs St.Peters Instt Of Pharma ... on 23 September, 2021
Bench: P Naveen Rao
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.9852 of 2014
Date:23.09.2021
Between:
Miss. A. Bhagyasri, D/o. A. Sajjanlal,
Aged 24 years, Occ: Student,
R/o.H.No.12-3-67-1,
Ward No.12, Yellam Bazar,
Warangal Mandal & District .. Petitioner
And
St. Peter's Institute of Pharmaceutical
Sciences, Vidyanagar, Hanamkonda,
Warangal District, rep., by its Principal
And others .. Respondents
The Court made the following:
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THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.9852 of 2014
ORDER:
Heard Mr. Nandigam Krishna Rao, learned counsel for the
petitioner, Sri K. Rathanga Pani Reddy, learned standing counsel
for respondents 1 and 2, learned Assistant Government Pleader for
Social Welfare for respondent Nos.3 and 4 and learned Government
Pleader for Higher Education for respondent No.5.
2. Petitioner secured admission in Pharma-D course for the
academic year 2008-2009 in the St. Peter's Institute of
Pharmaceutical Sciences, Vidyanagar, Hanamkonda - 1st
respondent. As per the scheme formulated by the combined State
of Andhra Pradesh, petitioner is entitled to fee reimbursement.
Though petitioner is entitled to seek fee reimbursement,
reimbursement was not granted by the respondent authorities,
whereas the 1st respondent - college was demanding payment of
full fee. In those circumstances, petitioner instituted this writ
petition alleging inaction of respondents 3 and 4 and extending the
benefit of scholarship and fee reimbursement to the petitioner to
prosecute Pharma-D course and sought for direction to
respondents 2 and 3 to extend the benefit of scholarship and fee
reimbursement to the petitioner.
3. Petitioner placed reliance on the judgment rendered by this
Court in W.P.No.26355 of 2009 on 24.07.2013. By the said
judgment, the writ petition was allowed and the inaction of
respondents 3 and 4 in not extending the benefit of scholarship
and fee reimbursement to the petitioners therein, who joined
Pharma-D course in the 1st respondent - college for the academic
year 2008-2009 was declared as arbitrary, illegal and
unconstitutional and issued consequential directions.
4. When the writ petition was listed for admission, the Court,
having taken note of the earlier judgment, granted time to learned
Government Pleader for Social Welfare to obtain instructions.
As no further instructions were furnished and the Court was
informed that the decision of this Court in W.P.No.26355 of 2009
has become final, directed the 1st respondent - college not to insist
the petitioner to pay fee for the academic year 2014-2015.
5. No counter affidavit is filed.
6. Learned counsel for the petitioner submits that the decision
dated 24.07.2013 passed by this Court in W.P.No.26355 of 2009
has become final and the same is implemented in favour of the
petitioners therein.
7. Following the decision in W.P.No.26335 of 2009, dated
24.07.2013, this writ petition is also allowed. The Commissioner,
Department of Social Welfare, the Secretary, Department of Social
Welfare, and the Secretary, Department of Higher Education,
Government of Telangana, are directed to extend the benefit of
scholarship/fee reimbursement to the petitioner for prosecuting
the Pharma-D course in the 1st respondent - College forthwith.
The 1st respondent - college is directed to issue the certificate
of pass, if the petitioner has passed all the examinations and
is entitled to receive the pass certificate. The entire exercise shall
be completed within a period of twelve weeks from the date of
receipt of copy of this order. Pending miscellaneous petitions,
if any, shall stand closed.
___________________
P.NAVEEN RAO, J
Date:23.09.2021
KH
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.9852 of 2014
Date:23.09.2021
KH
