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2026 DIGILAW 237 (TS)

D. Suprathik v. State of Telangana

2026-02-04

RENUKA YARA

body2026
ORDER : Renuka Yara, J. Heard Sri K. Sangannaidu, learned counsel for the petitioner and Sri Ananthula Ravinder, learned Government Pleader for Social Welfare for the respondents. Perused the entire record. 2. The Writ Petition is filed to declare the action of the respondent Nos.3 to 5 in rejecting the fee reimbursement to the petitioner by not sanctioning the post matric scholarship (‘PMS’) under graduate Medical (MBBS) professional course admitted under management quota ‘B’ category vide proceedings bearing Lr.Rc.No.D1/2330407/2023, dated 01.03.2024 and Lr.No.A3/PMS/2024, dated 18.03.2024, by considering G.O.Ms.No.66, Social Welfare (SW.Edn.2) Department, dated 08.09.2010 as illegal, irregular and against the principles of natural justice and offends the Articles 14 and 21-A of the Constitution of India and consequentially direct respondent Nos.3 to 5 to consider the petitioner’s application for fee reimbursement to him by sanctioning the post matric scholarship under graduate Medical (MBBS) professional course admitted under management quota ‘B’ category by considering the G.O.Ms.No.66, Social Welfare (SW.Edn.2) Department, dated 08.09.2010, duly issued by respondent No.2 herein. 3. The petitioner is challenging the action of respondent Nos.3 to 5 in rejecting the fee reimbursement to the petitioner under post matric scholarship scheme under graduate Medical (MBBS) professional course as he was admitted in management quota in ‘B’ category vide proceedings bearing Lr.Rc.No.D1/2330407/2023, dated 01.03.2024 and Lr.No.A3/PMS/2024, dated 18.03.2024. The petitioner submits that he is entitled to fees reimbursement and rejection of the same is a violation of Articles 14 and 21-A of the Constitution of India. The petitioner attended National Eligibility-cum-Entrance Test (NEET UG-2023) and has been admitted into MNR Medical College, Sangareddy, under CTB-LOC-GEN and categorically mentioned caste as SC- Mala Dasari-35 (SC), which is at community serial No.35, which is recognized as scheduled community. under the Constitution of India. He was also issued caste certificate to the said effect by the concerned authorities. He hails from an economically poor family and he is dependent on his parents for pursuing his studies. His family is below poverty line as recognized by Government of Telangana. The petitioner is unable to afford huge amount payable towards fee for pursuing MBBS. The income certificate dated 15.04.2023 issued by the Government of Telangana is filed and the same shows the annual income of the petitioner’s family is Rs.1,99,000/-. His family is below poverty line as recognized by Government of Telangana. The petitioner is unable to afford huge amount payable towards fee for pursuing MBBS. The income certificate dated 15.04.2023 issued by the Government of Telangana is filed and the same shows the annual income of the petitioner’s family is Rs.1,99,000/-. The fee structure as per KNR University of Health Sciences for ‘B’ category is Rs.13,98,000/- for first year, which includes tution fee, special fee, library fee, lab fee, stipend fee, insurance and registration fee and the remaining fee for four years is Rs.55,80,000/- amounting to Rs.69,78,000/- for all the five years. The parents of the petitioner paid his first year fee of Rs.13,98,000/- by borrowing the same on interest with a fond hope that the said amount would be reimbursed by the Government. 4. After getting admitted into college, the petitioner submitted application dated 12.12.2023 addressed to the Chief Minister of the State of Telangana and application dated 08.01.2024 to respondent No.3 requesting to grant post matric scholarship from the Schedule Caste Development Department and both the said applications were rejected on the basis of G.O.Ms.No.14 Scheduled Caste Development (Edn.) Department, dated 27.07.2015. This rejection according to the petitioner is violative of his Fundamental Rights guaranteed under Constitution of India. Therefore, challenged the same invoking extra-ordinary jurisdiction of this Court. 5. Respondent Nos.1 to 5 filed their counters (which are similar) to the effect that the Scheduled Caste Development Department extends benefit of post matric scholarship on saturation basis. The Government is sanctioning scholarship to students belonging to Scheduled Caste community admitted under ‘A’ category seats in private medical colleges as per reservation policy with fee of Rs.60,000/- per annum so that education is available for the poor and meritorious students. The Government vide G.O.Ms.No.66, dated 08.09.2010 issued orders that post matric scholarships will be applicable to ‘B’ category in respect of SC/ST students. Subsequently, after bifurcation of the State, the Government has issued amendment orders to G.O.Ms.No.66, dated 08.09.2010, vide G.O.Ms.No.14, Scheduled Castes Development (EDN) Department, dated 27.07.2015, wherein students admitted under management quota will not be eligible to post matric scholarship. In view of the said amendment, since 2015 onwards scholarships were not sanctioned to medical students under ‘B’ category i.e., management quota. Hence, the applications filed by the writ petitioner cannot be considered. 6. In view of the said amendment, since 2015 onwards scholarships were not sanctioned to medical students under ‘B’ category i.e., management quota. Hence, the applications filed by the writ petitioner cannot be considered. 6. Further, the fee structure of ‘B’ category seats is higher by 20 to 21 times i.e., Rs.13,00,000/- which only high income group can afford and only they can procure the seats. The fee collected from the ‘B’ category students is utilized to cross-subsidized to the education of deserving and meritorious students in ‘A’ category. No scholarships are provided to students in management quota as claimed by the petitioner. Further, the Government is not sanctioning any fee reimbursement to management quota students in all professional courses like Engineering, MBA, MCA, Pharmacy, etc,. The said scholarship is only granted to SC/ST/minority students whose annual income is Rs.2,00,000/- and below and admitted under category ‘A’ only. The Government has taken a policy decision not to sanction scholarship to management seats throughout the State, as such there is no provision for registration of application in the e-Pass website for candidates who have got admission in management quota of professional courses. 7. Learned counsel for the petitioner submits that G.O.Ms.No.66, dated 08.09.2010, which is issued by Social Welfare Department makes a provision for grant of scholarship to students of SC/ST/Minority categories, who are admitted even under category ‘B’ i.e., management quota and therefore, the petitioner is entitled for grant of scholarship. Referring to G.O.Ms.No.14, dated 27.07.2015, it is argued that said G.O. is issued by the Schedule Caste Development (EDN) Department. It is insisted that the petitioner is a student pursuing professional course, his family is below poverty line, he is meritorious student, who secured admission through NEET and therefore, eligible candidate for grant of post matric scholarship. 8. Learned Government Pleader appearing for respondents submits that the Government has taken a policy decision and therefore, the amendment to G.O.Ms.No.66, dated 08.09.2010, was issued vide G.O.Ms.No.14, dated 27.07.2015, excluding the students of management quota from being eligible for grant of any kind of scholarship. It is argued that both the G.Os. are issued by the same department except that there is change in the nomenclature of the department and reference is made to G.O.Ms.No.16, dated 05.07.2014 issued by the General Administration (AR&T) Department, wherein the nomenclature was changed. It is argued that both the G.Os. are issued by the same department except that there is change in the nomenclature of the department and reference is made to G.O.Ms.No.16, dated 05.07.2014 issued by the General Administration (AR&T) Department, wherein the nomenclature was changed. It is argued that the students belonging to higher income groups in professional courses under ‘B’ category are excluded from scholarship schemes and the purpose of exclusion is that the fee collected from category ‘B’ is utilized for cross-subsidizing the fee of the students, who are admitted under ‘A’ category. 9. Further, it is the case of the learned Government Pleader for the respondents that ever since passing of G.O.Ms.No.14, dated 27.07.2015, no students under the management quota have been granted with post matric scholarship even though they belong to reserved categories. 10. A perusal of the record shows that the case of the petitioner is solely dependent upon G.O.Ms.No.66, dated 08.09.2010, wherein post matric scholarship scheme was made available to all eligible students in the State to pursue higher studies on saturation basis to students under Scheduled Castes, Scheduled Tribes, Backward Class, Economically Backward Class, Minorities and Physically Challenged. The said scholarship was made available to all eligible students whose family income is less than Rs.1,00,000/- per annum. More particularly, the relevant extraction from G.O.Ms.No.66, dated 08.09.2010, is produced below: “4. … I. Administration of Scholarships: i) Scholarships on Saturation basis: The Post Matric Scholarship Scheme (PMS) shall be available to all eligible students on a ‘Saturation Basis’ among the SC/ST/BC/EBC/Minority/Physically Challenged Communities to pursue higher studies. The scheme applies to all universities & its affiliated colleges whose admission process is regulated/administered by the State Government. Under the Saturation basis all eligible students whose family income is less than Rupees One Lakh per annum shall be covered under the PMS scheme. ii)… iii) Eligibility for Convener Quota seats: All students admitted by the Convenor as notified by the Government, under the Quota meant for the Convenor, shall be eligible for the PMS scheme. However, Students admitted under management quota or through spot admissions i.e., left over seats of the Convenor quota filled by managements subsequently, will not be eligible for the PMS Scheme. In respect of Medical Colleges, the PMS scheme will also be applicable to the ‘B’ category only in respect of SC and ST students.” 11. However, Students admitted under management quota or through spot admissions i.e., left over seats of the Convenor quota filled by managements subsequently, will not be eligible for the PMS Scheme. In respect of Medical Colleges, the PMS scheme will also be applicable to the ‘B’ category only in respect of SC and ST students.” 11. As per clause (iii) extracted above, the post matric scholarship scheme is applicable to ‘B’ category in respect of SC/ST students. The above clause (iii) is the foundation on which the petitioner has made out his case for grant of post matric scholarship. The petitioner is rejecting the amendment made vide G.O.Ms.No.14, dated 27.07.2015, wherein there is exclusion of ‘B’ category students from grant of post matric scholarship. G.O.Ms.No.14, dated 27.07.2015, has a comparative table of the G.O. pre-amendment and post-amendment and the same is reproduced below: Amendment 12. As per the above table in G.O.Ms.No.14, dated 27.07.2015, it is to be noted that the following sentence is excluded: “In respect of Medical Colleges, the PMS scheme will also be applicable to the ‘B’ category only in respect of SC and ST students.” 13. Once the eligibility of post matric scholarship scheme being applicable to ‘B’ category is excluded vide G.O.Ms.No.14, dated 27.07.2015, there is no basis for the petitioner to seek aid under the said scholarship. This Court cannot grant any relief to the petitioner in view of the amendment to the G.O.Ms.No.66, dated 08.09.2010, vide G.O.Ms.No.14, dated 27.07.2015. When the policy is made applicable uniformly to all the students admitted under ‘B’ category, no case can be made out for infringement of Fundamental Rights under Articles 14 and 21-A of the Constitution of India. Therefore, there are no grounds to consider the eligibility of the petitioner for grant of post matric scholarship. The Writ Petition lacks merits and the same is liable to be dismissed. 14. In the result, the Writ Petition is dismissed . There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.