THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.489 of 2009 Date:23rd February, 2010 Between: S.C. Physiotherapy Students Association, College of Physiotherapy Campus, Ongole, rep. by its President Manda M.Manohar Babu …Petitioner and Shri P.Nagi Reddy, I.A.S., Principal Secretary, Social Welfare Department, Govt. of A.P., Secretariat Buildings, Hyderabad. …Respondent *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.489 of 2009 JUDGMENT: This Contempt Case has been filed complaining disobedience of the order dated 08.07.2008 passed in WP No.9178 of 2008. 2. The Contempt Case came to be admitted on 11.08.2009. The respondent appeared before the Court on 14.09.2009 and sought time for filing counter-affidavit. Subsequently, the respondent filed counter-affidavit. It is stated in the para.10 of the counter-affidavit that the sanction of tuition fee to the S.C. students admitted under management quota is a policy matter. The matter has been discussed with associations of Para Medical Colleges and based on the agreement arrived, the subject was placed before the Council of Ministers on 24.09.2009, and the Council of Ministers in its resolution No.199(2)/2009, resolved to reimburse tuition fee to Para Medical colleges offering degree courses in respect of management quota seats by implementing G.O.Ms.No.4, Social Welfare (Edn.2) Department, dated 06.01.2005, but by limiting it to 2 ½ times the government quota rates on par with the rates awarded to Nizam’s Institute of Medical Sciences (NIMS) for the period upto the academic year 2009-10, accordingly orders are under issue. 3. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare Department appearing for the respondent. 4. Learned counsel appearing for the petitioner submits that the issuance of G.O.Ms.No.106 Social Welfare (Edn.2) Department, dated 04.11.2009 is not in accordance with the directions issued by this Court in W.P.No.9178 of 2008 and therefore, the respondent is liable for punishment for violation of the order dated 08.07.2008 passed in W.P.No.9178 of 2008. A further submission has been made that in respect of one college, the government issued Memo. No.43/SW.Edn.2/2007-7, dated 16.02.2008 according permission to the Commissioner, Social Welfare, for sanction of Post Metric Scholarship to eligible and bona fide S.C. students pursuing B.P.T. courses for the batches 2003-2004, 2004-2005 and 2005-2006, in S.P.P.R.M.College of Physiotherapy, Kadapa, as applicable to management quota seat fee structure fixed in G.O.Ms.No.305, HM&FW(M2) Department, dated 07.08.1997 and in which case, the members of the petitioner Association are eligible for reimbursement of fee under management quota at 5 times of the Government quota rates. In a way, he submits that since the members of the petitioner Association secured seat under management quota, each of them is eligible for reimbursement of fee to the extent of Rs.60,000/-. 5. Learned Government Pleader for Social Welfare appearing for the respondent submits that after due deliberations with the associations of the colleges which are imparting Para Medical courses, reimbursement of fee to the students admitted under management quota has been sanctioned limiting to 2 ½ times the government quota rates and therefore, there is no violation of the order passed by this Court in the Writ Petition. 6. Relevant portion of the order dated 08.07.2008 passed in WP No.9178 of 2008 reads as hereunder: “It is explicit from the above referred G.O. that tuition fee paid by the SC students either under Government quota or management quota is to be reimbursed. The circular issued by the first respondent impugned in the writ petition restricting reimbursement of tuition fee at the rate payable to Government seat only cannot be sustained.” As per G.O.Ms.No.4 Social Welfare (Edn.2) Department, dated 06.01.2005, the upper limit for each of the management quota seat in respect of B.P.T. Course is Rs.60,000/-. The Government, after due deliberations with the concerned associations of the Para Medical colleges, issued G.O.Ms.No.106 Social Welfare (Edn.2) Department, dated 04.11.2009, granting reimbursement of the tuition fee to Para Medical Colleges offering degree courses in respect of Management quota seats by implementing the order issued in G.O.Ms.No.4 Social Welfare (Edn.2) Department, dated 06.01.2005, but by limiting to 2½ times the Government quota rates which are on par with the rates awarded to Nizam’s Institute of Medical Sciences (NIMS). What is stipulated in G.O.Ms.No.4 Social Welfare (Edn.2) Department, dated 06.01.2005 is the upper limit. The Government after considering the various factors, limited the reimbursement of tuition fee to the candidates admitted under management quota to 2 ½ times the government quota rates. There is no direction in the Writ Petition to grant reimbursement at a upper limit of Rs.60,000/-. Such is the case, issuance of G.O.Ms.No.106 Social Welfare (Edn.2) Department, dated 04.11.2009 amounts to substantial compliance of the directions given in the Writ Petition. 7. Accordingly, the Contempt Case is dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:23rd February, 2010. CS THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Contempt Case No.489 of 2009 Date:23rd February, 2010