IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9178 of 2008 Between: Scheduled Caste Physiotherapy, Students Association, College of Physiotherapy Campus, Prakasam District rep by its President Manda M. Manohar Babu, S/o. Venkateswara Rao, Hindu, aged 19 years, B.P.T. 2nd Year R/o. College of Physiothearapy Campus, N-H-5,Prakashanagar, Ongole, Prakasam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Social Welfare Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Commissioner of Social Welfare, Government of A.P., Hyderabad. .....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 writ of mandamus or any other appropriate writ, order or direction or any other appropriate writ, order or direction declaring the circular Memo No. 12901/Social Welfare End.2/2003/14 dated 30-6-2006 is illegal, and arbitrary in view of the various GO s and for a consequential direction directing the respondents to pay the fees as per the provisions of the fees structure stipulated in GO Ms.No. 299 dated 8-9-2007 and also letter of University of Health Sciences dated 6-10-2007. Counsel for the Petitioner: MR.M.LAKSHMANA SARMA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER This writ petition has been filed by the Schedule Caste Physiotherapy Students’ Association, represented by its President. The petitioner herein is a Schedule Caste Physiotherapy Students’ Association, College of Physiotherapy Campus, NH-5, Prakashnagar, Ongole, Prakasam District. It filed the writ petition, inter alia, seeking to assail the circular Memo No.12901/Social Welfare-Edn,2/2003-14, dated 30-06-2004 issued by Commissioner of Social Welfare-2nd respondent wherein the maximum fee both for free and management seat in respect of Schedule Caste students admitted in various Para Medical Courses were sought to be fixed. The case of the petitioner, in brief, is that the Government issued G.O.Ms.No.4, dated 6.1.2005 Social Welfare (S.W.Edn-2) Department wherein they fixed the fee of Rs.12,000/- per year for ‘Bachelor of Physiotherapy’ Courses for free seats and put a limit of Rs.60,000/- per annum for Management quota seats. The Supreme Court of India issued certain directions and guidelines in “P.A.Inamdar and others vs.State of Maharashtra” case. In pursuance of the Supreme Court Judgment, the State of Andhra Pradesh constituted a Committee under the Chairmanship of Justice Bayyappu Reddy for fixation of fee for private Un-Aided Professional Colleges in the State. The Government of Andhra Pradesh issued G.O.Ms.No.299 dated 8.9.2007 Health, Medical & Family Welfare (K-2 Department) fixing the fee for various professional courses. For Bachelor of Physiotherapy course, a tuition fee of Rs.15,000/- per annum was fixed for the free seats and Rs.65,000/- per annum for the Management seats for the academic years 2007-2008 to 2009-2010. Following the guidelines in G.O.Ms.No.299-Health, Medical & Family Welfare, dated 8.9.2007, Dr.N.T.R. University of Health Sciences, Vijayawada, issued a letter to all the Principals of Colleges wherein fee structure was fixed for Bachelor of Physiotherapy courses. Fee fixed for free seats is Rs.15,000/- and fee fixed for management seats is Rs.65,000/-. Even though the Government issued the above said G.O, they were not following the same. While so, the Government of Andhra Pradesh issued circular Memo No.12901/Social Welfare-Edn.2/2003-14 dated 30-06-2006 wherein the Commissioner of Social Welfare was instructed to pay the same rates as fixed by the Government for Government quota seats for scheduled caste students studying under the Management Quota. The said circular is under challenge in this writ petition. Notice before admission came to be ordered. Respondents entered appearance and filed counter. K.Ravindra Babu has sworn to the counter-affidavit. It is stated in the counter-affidavit that the Government of Andhra Pradesh under G.O.Ms.299, dated 8-9-2007, following the recommendation of Justice Bayyapu Reddy’s Committee, fixed a tuition fees at Rs.15,000/- per annum for each student for 50% Government seats and up to Rs.65,000/- per annum for each student for 50% Management seats for the academic years 2007-2008, 2008-2009 and 2009-2010. There is no commitment on the part of Government to sanction or reimburse full fee for the candidates admitted under Management quota in any of the Para Medical Courses or in any of the other courses. Even, in courses like MBA, MCA, B.Ed., Engineering and Medical, the Government is sanctioning fee to SC/ST/BC Candidates selected by competent authority under Convenor/Convenor quota only. In all these courses, the fee amount is not sanctioned by the Government to candidates selected under management quota. In fact, as the Para Medical Courses are job oriented, the Government, as welfare measure, is extending the facility of sanction of scholarships to Scheduled Castes/Scheduled Tribes students admitted in these courses under management quota also on par with candidates admitted in Government quota seats. Para 4 & 5 of the counter affidavit need to be noted and they read as under: “4. In reply to para No.4 & 5, it is submitted that it is true that Government of Andhra Pradesh issued a Circular Memo No.12901/SW-Edn-2/2003-14, dated 30.6.2006 and ordered to sanction fee to candidates admitted in Management quota also on part with candidates admitted in Government quota seats. It is humbly submitted that Government allocates budget for sanction of scholarships to the Scheduled Castes students in Post Matric Courses every year. It is needless to mention here that the students who have got seats in Government quota are meritorious and they are entitled for support from the Government basing on their financial conditions. However, in addition to this, Government of Andhra Pradesh as a welfare measure has been extending this benefit to the students of Scheduled Castes even for the candidates admitted under the Management quota seats. It is under these circumstances that the said Circular Memo was issued by the Government in Social Welfare Department. This Circular is not denying any Scheduled Caste student the sanction of Post Matric Scholarships. On the other hand the candidates admitted under Management quota are also supported by sanctioning scholarship at Government quota rate. In these circumstances, it is submitted that there is no justification in demanding total payment of fees by the candidates admitted under management quota seats also. 5. In reply to para No.6, it is humbly submitted that sanction of Post Matric Scholarships is a Centrally Sponsored Scheme (CSS) but not totally Government of India Scheme as stated by the petitioner. Total funds under the Scheme are not released from Government of India. Majority portion of the amount sanctioned under Post Matric Scholarships is met from State Budget only. However, this varies from year to year. In these circumstances, the contention raised in this para that payment of scholarships is a Central Government Scheme and the fees and other expenses are funded by the Central Government is specifically denied. It is relevant to submit here that in certain courses like MBBS, there are 3 types of seats i.e., Free Seats – A category, Payment Seats – B Category, selected by Convener only, Management seats i.e., C-category candidates selected by Managements. It is respectfully submitted that in a welfare State, Government is certainly under the obligation to bear expenditure of students who gets seat in Convener quota but there is no justification in demanding total fees payable for management quota.” The petitioner also filed a reply to the counter-affidavit. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Social Welfare appearing for the respondents. Learned counsel appearing for the petitioner submits that under G.O.Ms.No.4, dated 6.1.2005, the Government sanctioned reimbursement of tuition fee paid by the Scheduled Caste students admitted to free seats as well as Management seats and therefore, the circular memo issued by the 1st respondent restricting reimbursement of fees to the extent of tuition fee payable in respect of Government seat only is contrary to the G.O. Learned Government Pleader for Social Welfare appearing for the respondents submits that the Circular memo came to be issued keeping in view of allotment of funds by the Government to the Department. On a specific question put to the learned Government Pleader with regard to the procedure followed in case of other courses, such as in case of students admitted in Medical and Engineering, the reply is that the Government is reimbursing the tuition fee amount paid by the SC students admitted in management Quota also. G.O.Ms.No.4 is very clear that the Government sanctioned reimbursement of tuition fee paid by the Scheduled Caste students admitted either under Government quota or Management quota. Paras 9 and 10 of the said G.O read as under: “Recently, the Hon’ble High Court has quashed the Govt.Memo No.392/SW.Edn.2/2003-1, dated 23.1.2003. As per the guidelines for sanctioning Post Matric Scholarships in G.Oms.No.90, S.W.(Edn.2) Department, dated 30.7.2002, for the technical courses like Para Medical Courses, the fee has to be fixed by the Government in the HM & FW Department. The earlier rates fixed by the HM & FW Department were not followed strictly and there are certain confusions on the payment of fees on the Govt. quota seats and the Management quota seats. These issues were discussed in detail and decided to strictly follow the instructions issued by the Govt. inG.O.Ms.No.90. In view of the above circumstances, and after careful consideration of the matter, Govt. hereby sanction Tuition fee and special fee for the SC students towards the Government quota seats and the management seats as detailed in the statement below, or the actual fee charged by the Institutions for the courses which ever is less: Sl No. Name of the Course Rate of Tuition fee per annum As per G.Os in HM & FW Dept. Govt.quota seats(Free seats) Management seats 1. G,.N.M Rs.12,000/- U pper limit of Rs.60,000/- 256,HM & FW (K2) Dept., d a t e d 20-08- 2004 2. MPHW (F) Training Rs.6,000/- U p p e r limit of Rs.30,000/- 3 1 4 , HM & FW (M2) Dept., dt.16.8.1997. 3. D M L T and other Para Medical Courses Rs.12,000/- U p p e r limit of Rs.36,000/- 2 5 8 , HM & FW (K2) Dept., dt 20.08.2004 4. B.P.T Rs.12,000/- U p p e r limit of Rs.60,000/- 3 0 5 , H M & FW (K2) Dept., dt.7.8.1997 5. B.Sc (Nursing) Rs.12,000/- Upper limit of Rs.60,000/- 1 4 5 , H M & FW (M2) Dept, dt.18- 05-2004 “ 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. Writ petition is, accordingly, allowed. No costs. __________ 08-07-2008 rkk