IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No : 7614 of 2005 Between: Andhra Pradesh Backward Classes Welfare Association, (Regd.No.2187/92) having its office at H.No.43, SRT,Vidyanagar Hyderabad, rep.by its President R.Krishnaiah, S/o.Adivappa, R/o.H.No.43, SRT, Vidyanagar, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Prl.Secretary, BC Welfare Dept., Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, rep.by its Prl.Secretary, Finance & Planning Secretariat, Hyderabad. 3 The Government of Andhra Pradesh, rep.by its Prl.Secretary, Education Dept., Secretariat, Hyderabad. 4 The Andhra Pradesh State B.C.Commission, Chandra Vihar, Nampally, Hyderabad, rep.by its Chairman. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus writ of Mandamus declaring the action of the Respondents in not implementing GO Ms.No.402, (Employment & Social Welfare Dept.) dt.12/6/1974 in letter and spirit and GO Ms.No.33, BC Welfare BC-II, dt.24/9/2003 and the consequential proceedings issued by 4th respondent dt.29/1/2001 in connection with reimbursement of tuition fess/ special fees of the BC Students, those who are studying in various courses and professional courses as illegal, unjust, arbitrary, discriminatory, thereby violative of Articles 14 and 21 of the Constitution of India apart from being in violation of letter and spirit of Articles 15(4), 46 and 340 of the Constitution of India and consequentially direct the Respondents to implement either of the above mentioned G.Os., in its letter and spirit and pass such other order or orders as are deemed ﬁt and proper in the circumstances of the case. Counsel for the Petitioners :MR.K.R.PRABHAKAR Counsel for the Respondents : GP FOR SOCIAL WELFARE The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No : 7614 of 2005 ORDER : (Per Hon’ble Sri Justice R.Subhash Reddy) This writ petition, in public interest, is ﬁled by the Andhra Pradesh Backward Classes Welfare Association, seeking a writ of Mandamus to declare the action of respondents in not implementing the orders issued by the Government in G.O.Ms.No.402 (Employment & Social Welfare Department), dated 12th June 1974, and also in G.O.Ms.No.33, BC Welfare BC-II, dated 24.09.2003, as illegal and arbitrary, and sought for issuance of consequential directions, directing the respondents to extend the benefits which are notified in the above said Government orders, to the eligible students. 2. As a welfare measure for the students belonging to the notiﬁed backward classes, certain concessions in payment of fee is issued by the Government in G.O.Ms.No.402, dated 12th June 1974. As per the said G.O., students belonging to the listed backward classes, whose parents’/guardians’ annual income does not exceed Rs.3,600/-, are exempted from payment of special fee like games fee, library fee, etc., in schools. Further exemption is provided to those students, from payment of fee in all Post-metric Arts and Professional courses. Further, in G.O.Ms.No.33, dated 24 th September 2003, the Government has notiﬁed for reimbursement of tuition fee etc., for the students belonging to the notiﬁed backward classes, who are pursuing their studies in professional courses. 3. Though it is alleged that the respondents are not taking steps for reimbursement of the fee, but however, the counter aﬃdavit is ﬁled denying such allegation, and a list of candidates who are given concessions/ exemption of fee is also ﬁled by the respondents along with the counter aﬃdavit. In the counter aﬃdavit, it is categorically stated that in view of the subsequent beneﬁts notiﬁed in G.O.Ms.No.33, dated 24 th September 2003, the concessions notiﬁed in earlier G.O. i.e. G.O.Ms.No.402, dated 12th June 1974 were not being implemented. It is stated that as per the orders issued by the Government in G.O.Ms.No.33, dated 24 th September 2003, the students belonging to the notiﬁed backward classes, who are pursuing medical courses in Government Colleges, reimbursement is being made at the rate of Rs.10,000/- per student, and for the students pursuing Engineering studies in Government colleges, the reimbursement is made at the rate of Rs.8,000/-. Further, it is stated that the students studying in private medical colleges, who are admitted in ‘A’-Category, are being reimbursed with Rs.34,000/-, and similarly, for Engineering students, it was Rs.10,000/-. 4. After ﬁling of the counter aﬃdavit and the list of students who were extended the beneﬁt of concessions/exemption of fee, when it was submitted by learned counsel appearing for the petitioners that the facts and ﬁgures incorporated in the statement supplied by the learned counsel for the respondents do not reﬂect the true picture of the actual amount disbursed to the candidates of the reserved category, the matter was adjourned as early as on 07.06.2007 to ﬁle an aﬃdavit pointing out the true instances, where the beneﬁt of such concessions were denied. Though more than a year has elapsed, no such aﬃdavit is ﬁled, and there is also no response from the petitioner to the notice put up by the Registry. In the absence of any further aﬃdavit ﬁled as observed by this Court in the order dated 07.06.2007, there is no reason to disbelieve the averments with regard to extending the beneﬁts of exemption and concessions to the students belonging to the listed backward classes. In view of the averments made in the counter aﬃdavit, no further directions need be issued by this Court in this writ petition. 5. Therefore, the writ petition is disposed of, keeping it open for the petitioners to approach this Court in case if such beneﬁts are not extended to the eligible students, by giving the details and instances of such candidates. No order as to costs. _________________ ANIL R. DAVE, CJ 1st September 2008 ______________________ R. SUBHASH REDDY, J grr/ajr To 1 The Prl.Secretary, BC Welfare Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Prl.Secretary, Finance & Planning, Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The Prl.Secretary, Education Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 4 The Chairman, Andhra Pradesh State B.C.Commission, Chandra Vihar, Nampally, Hyderabad.