M.Raghavolu Vs Government of Andhra Pradesh — Writ and Judicial Review | Telangana HC (2025)

M.Raghavolu Vs Government of Andhra Pradesh — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

None. Both Writ Petitions dismissed with 'No costs'; consequently, Miscellaneous Applications, if any, were ordered to stand closed.

Issue for consideration

Whether the petitioner Best Available Schools (BAS) in Warangal District are entitled, under Article 226 read with Article 14, to enhancement of pre-matric scholarship rates to Rs.20,000/- per student on par with other similarly-situated BAS schools (e.g., Rising Sun High School, Warangal) for the academic years 2008-09 and 2009-10, notwithstanding the respondents' refusal dated 28.05.2009 and the 02.01.2010 proceedings. +1 more

Court's answer

In view of the clear and categorical averments in the counter-affidavit of the Commissioner of Tribal Welfare — that the petitioners' scholarship rates were already considered and enhanced during 2008-09 (classes V-VII from 8,440/- to Rs.12,000/-; classes VIII-X from Rs.12,660/- to Rs.17,000/-), that no second enhancement in the same academic year was possible due to budgetary constraints, and that the SLC refused further enhancement because the petitioner schools registered SSC results below 90% in 2004-05 and 2005-06 contrary to the G.O.Ms.No.70 criterion — and taking the written instructions on record, the Court held that petitioners are not entitled to the relief claimed (enhancement to Rs.20,000/- per student on par with other BAS schools, and allotment of new students for 2012-13) and are liable to be dismissed.

Ratio / Principle

Concluding disposition on both issues: both Writ Petitions (Nos. 21949 of 2009 and 11641 of 2012) were dismissed, with no order as to costs ('No costs').

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) — Common order, 07.03.2025, Nagesh Bheemapaka J — dismisses W.P. No.21949 of 2009 (Scholars, Pradeep, Century, Sri Chandra Memorial and Loyola High Schools, Hanamkonda/Warangal) and W.P. No.11641 of 2012 (Scholars High School). Petitioners, running as Best Available Schools (BAS) for Scheduled Tribe students under G.O.Ms.No.175 (dt.02.12.1997) as revised by G.O.Ms.No.70 (dt.01.08.2001), sought enhancement of pre-matric scholarship to Rs.20,000/- per student on par with Rising Sun High School, Warangal (a benefit also extended to Little Flower High School, Bhadrachalam) for AY 2008-09 and 2009-10, challenging the Director of Tribal Welfare's refusal dated 28.05.2009 and the Commissioner of Tribal Welfare's proceedings dated 02.01.2010 (renewal at 2008-09 rates but denial of new admissions for 2010-11); W.P.11641/2012 additionally sought allotment of new students for AY 2012-13. Relying on the counter-affidavit — rates already enhanced in 2008-09 (V-VII: 8,440/- to Rs.12,000/-; VIII-X: Rs.12,660/- to Rs.17,000/-), no second enhancement in the same year for budgetary reasons, and SLC's refusal of further enhancement because SSC results in 2004-05 and 2005-06 fell below the 90% G.O.Ms.No.70 threshold — plus DTDO instructions dt.22.10.2024 (school voluntarily exited the BAS scheme vide application dt.22.04.2022, surrendering BAS(ST) students for 2022-23; no dues outstanding), the Judge held petitioners 'not entitled to the relief claimed' and dismissed both writ petitions without costs, closing miscellaneous applications.

Procedural history

How this case reached the court

AI extract

Order under challenge
Impugned in W.P. No.21949 of 2009: proceedings dated 28.05.2009 issued by the Director of Tribal Welfare (2nd respondent) refusing a further/second enhancement of pre-matric scholarship rates for AY 2008-09 on the ground that the request had already been considered per SLC recommendations (the prayer also targets the 2nd respondent's proceedings dt. 23.10.2008). Impugned in W.P. No.11641 of 2012: proceedings dated 02.01.2010 issued by the Commissioner of Tribal Welfare (respondent no.5), which renewed the school under the BAS scheme at 2008-09 rates only but denied new admissions for 2010-11 — alleged to be discriminatory (Articles 14 & 19).¶53
Director of Tribal Welfare (2nd respondent) / Commissioner, Tribal Welfare Department (respondent no.5) · 28.05.2009 (W.P. No.21949 of 2009); 02.01.2010 (W.P. No.11641 of 2012)
Prior proceeding
Prayer of W.P. No.21949 of 2009 seeks declaration that the proceedings issued by the 2nd respondent dated 23.10.2008 (file no. as printed: Rc.lrlo.J2l3447l2OOg) are illegal, arbitrary, discriminatory and violative of Article 14.¶21
Prior proceeding
Earlier writ petition (printed as Writ Petition No. T1OO of 2OO9, i.e. W.P. No.1100 of 2009) was filed requesting enhancement of scholarships to Rs.20,000 for the 2008-09 academic year in line with Rising Sun High School.¶63
Prior proceeding
In that earlier writ petition the 2nd respondent was directed to consider the representations and pass appropriate orders; the resultant order dated 28.05.2009 became the instrument impugned in W.P. No.21949 of 2009.¶63
Prior proceeding
Proceedings dated 02.01.2010 issued by the Commissioner of Tribal Welfare Department agreed to renewal, approved at 2008-09 rates only but denied new admissions for 2010-11 — the decision challenged in W.P. No.11641 of 2012.¶53
Prior proceeding
Counters had been filed in both Writ Petitions; the learned Government Pleader rested on written instructions dated 22.10.2024 submitted by the District Tribal Development Officer, Hanamkonda and Jangaon.¶76
Prior proceeding
Management of the petitioner school in W.P. No.11641 of 2012, vide Application dated 22.04.2022, requested discontinuation from the BAS Scheme and decided to surrender all BAS (ST) students for 2022-23.¶76
Prior proceeding
On consideration of that request, respondents discontinued the petitioner school duly following the procedure in vogue.¶76
Prior proceeding
Respondents stated that the petitioner school is no longer continued as a BAS school and there are no dues payable to it.¶76
Prior proceeding
Interim order: by Court Order dt. 24.03.2023 in I.A. No.1/2023, the cause title respondents RR 1 to 3 were amended in both writ petitions.¶19

Cite this judgement

M.Raghavolu v. Government of Andhra Pradesh, WP/11641/2012 (TEL), decided on 7 March 2025.

The High Court for the State of Telangana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes7

Constitution of IndiaArticle 226 · Article 14 · Articles 14 and 19
CPC151
Rules under G.O.Ms.No. 175 (Best Available Schools scheme)Rule IV
Government Order (Ms.) No. 175 dated 02.12.1997 (sanctioning scholarships to selected Scheduled Tribe students admitted to Pre-Matric and Pre-University classes in BAS)G.O.Ms. No. 17S, dared OZ.t2.lgg}

View all statutes

Procedural history10

Impugned in W.P. No.21949 of 2009: proceedings dated 28.05.2009 issued by the Director of Tribal Welfare (2nd respondent) refusing a further/second enhancement of pre-matric scholarship rates for AY 2008-09 on the ground that the request had already been considered per SLC recommendations (the prayer also targets the 2nd respondent's proceedings dt. 23.10.2008). Impugned in W.P. No.11641 of 2012: proceedings dated 02.01.2010 issued by the Commissioner of Tribal Welfare (respondent no.5), which renewed the school under the BAS scheme at 2008-09 rates only but denied new admissions for 2010-11 — alleged to be discriminatory (Articles 14 & 19).Director of Tribal Welfare (2nd respondent) / Commissioner, Tribal Welfare Department (respondent no.5) · 28.05.2009 (W.P. No.21949 of 2009); 02.01.2010 (W.P. No.11641 of 2012)
Prayer of W.P. No.21949 of 2009 seeks declaration that the proceedings issued by the 2nd respondent dated 23.10.2008 (file no. as printed: Rc.lrlo.J2l3447l2OOg) are illegal, arbitrary, discriminatory and violative of Article 14.
Earlier writ petition (printed as Writ Petition No. T1OO of 2OO9, i.e. W.P. No.1100 of 2009) was filed requesting enhancement of scholarships to Rs.20,000 for the 2008-09 academic year in line with Rising Sun High School.

View full history

Bench / Coram

Sri Justice Nagesh Bheemapaka

Parties & counsel