The High Court directed the Principal Secretary to fix the fee structure for SC/ST students at Padmavathi School of Nursing and the Director to communicate it, enabling scholarship disbursement. The writ petition was disposed of after issuing this mandatory order. This is a thin order dealing with fee fixation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE DR JUSTICE G.YETHIRAJULU
WRIT PETITION NO : 9580 of 2004
Between:
S.C. S.T. and Backward Class Students Association, Padmavathi School of Nursing, Visakhapatnam, Rep by its President
P. Ramanamma
..... PETITIONER
AND
1 The Principal Secretary to Government, Heath, Medical & Family
Welfare, Government of Andhra Pradesh, Secretariat, Hyderabad.
Petition)
....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ or direction in the nature of Mandamus of any other appropriate writ declaring the action of the 3rd respondent in not communicating fees structure i.e. Uniform Fee, Admission Fee, Spl. Fee, Lab Fee etc. of the petitioner's Association for sanction of fees structure under Post Metric Scholarship scheme as illegal, void, arbitrary, without power and jurisdiction and in violation of the regulations of Govt. and consequently direct the 3rd respondent to communicate the fees structure such as Uniform Fee, Admission Fee, Special Fee, Lab Fee etc of the petitioner's Association to the Social welfare and B.C. Welfare Department for three years General Nursing Course studying in the 4th respondent institute for the years 200104 and 2002-05 by constituting except committee in the Department in nursing education as per the regulations of Government of India, Governing the Post Metric Scholarships read with G.O.Ms. No. 90, dt. 30-07-2002 and pass such other order or
orders.
Counsel for the Petitioner : MR.VADDI PAMULETY
Counsel for the Respondent No.1 to 3 : GP FOR MEDICAL HEALTH & FAMILY WELFARE
The Court made the following:
ORDER:
The petitioner is an association of Scheduled Caste, Scheduled Tribe and Backward Class Students of the fourth respondent-Padmavathi School of Nursing. The petitioner contends that the students belonging to Scheduled Caste and Scheduled Tribe are entitled for scholarships. The scholarships will be released by the second respondent after getting recommendation from the fourth respondent. It is further represented that unless the fee structure is fixed by the first respondent it will not be possible for the second respondent to release the scholarships. Therefore, the petitioner approached this Court seeking a direction to the third respondent to communicate the fee structure to the petitioner-association.
2 . The learned Counsel for the first respondent represented that unless the fee structure is communicated the second respondent will not be in a position to release the scholarships and as the matter is under the active consideration of the first respondent the fee structure could not be communicated.
3. In the light of the above circumstances, the first respondent is directed to fix the fee structure regarding the Scheduled Caste and Scheduled Tribe students of Padmavathi School of Nursing i.e., the fourth respondent and the third respondent to communicate the same to the fourth respondent within two months from the date of receipt of this order.
4. The Writ petition is, accordingly, disposed of.
gs/svs 11-08-2004.
To
1. The Principal Secretary to Government, Heath, Medical & Family
4. The Principal, Padmavthi School of Nursing, H.B.Colony,
Visakhapatnam.
Buildings, Hyderabad (OUT)
6. 2CD copies
3 issues framed by the court
Whether the Principal Secretary is liable to fix and communicate the fee structure for SC/ST students to enable scholarship release.
Whether the Director of Medical Education should communicate the fixed fee structure to the School of Nursing.
Whether Writ Petition No. 9580 of 2004 is liable to be disposed of after issuance of direction.
S.C. S.T. and Backward Class Students Association Rep by its President P. Ramanamma
The Principal Secretary to Government, Heath, Medical & Family Welfare, Government of Andhra Pradesh
The Secretary to Government, Social Welfare Department, Government of Andhra Pradesh
The Director of Medical Education, Government of Andhra Pradesh
The Principal, Padmavathi School of Nursing
G.YETHIRAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
