J.Dashrath Naik v. The Commissioner Of Tribal Welfare,Masab Tank

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.27805 of 2010 ORDER:

This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking to declare the inaction of the respondents in not granting scholarship to the petitioner's daughter Baby J. Nandini, studying 3rd class in Hyderabad Public School, Begumpet, Hyderabad, and consequently direct the respondents to grant scholarship of Rs.44,000/-, which was already paid on 27.07.2009 and Rs.24,960/- paid on 10.3.2010 forthwith.

2.

Heard both sides and perused the material available on record.

3.

The case of the petitioner is that the petitioner's elder daughter baby J. Nandini, studying in 3rd class in Hyderabad Public School, Begumpet, Hyderabad, who was selected in General Category, had given an application for grant of scholarship with necessary formalities and certificates (food, residence, books and tuition fees) on 30.01.2010 for total amount of Rs.44,000/- paid on 27.07.2009 and Rs.24,960/- paid on 10.03.2010, but so far, the respondent authorities have not sanctioned the same. It is further submitted that the other students of the same class, who are of the same community as of the petitioner's daughter, were sanctioned the scholarship. The main grievance of the petitioner is that if the scholarship is not granted to his daughter, then the petitioner may not be in a

position to continue her further studies in Hyderabad Public School, Begumpet, Hyderabad.

4.

When the matter is taken up for hearing, learned counsel for the petitioner filed additional material papers. From the perusal of the said additional material papers, it is evident from the proceedings in Rc.No.A2/91/2017, dated 18.03.2017, issued by the District Tribal Development Officer, Tribal Welfare Department, Mahabubnagar, that the petitioner's daughter belongs to the "Scheduled Tribe - Lambada Community" and the Commissioner of Tribal Welfare, Hyderabad, requested the District Tribal Development Officer, Hyderabad, to sanction the scholarship to the daughter of the petitioner subject to conditions of eligibility after obtaining necessary proposals from the Principal, Hyderabad Public School, Begumpet, and after verifying the bona fides with school records, vide proceedings bearing Procgs.Rc.No.J2/1646/2016, dated 02.08.2017.

5.

Taking into consideration the facts and circumstances of the case, this Court is of the view that the writ petition can be disposed of with the following direction: The 1st respondent is directed to consider the application of the petitioner's daughter J. Nandini, student of Hyderabad Public School, Begumpet, Hyderabad, for grant of scholarship to her and release the same since the Tribal Welfare Department has already decided the fact that the said J. Nandini, daughter of the petitioner, is eligible for the scholarship.

6.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any pending in this writ petition shall also stand closed.

___________________ RAJA ELANGO, J Date: 5th September, 2017 KL

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.27805 of 2010 Date: 5th September, 2017 KL