THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO ORDER:
WRIT PETITION NO.21162 OF 2014
The petitioner’s daughter has submitted an application for grant of certain financial assistance for enabling her to prosecute Post Graduate course Overseas. It appears the daughter of the writ petitioner herein passed out her B.Tech. course from one of the local engineering colleges, during April 2012. Thereafter, she took up employment with a private company, known as GENPACT from 01.11.2012 onwards for an annual income of Rs.1,35,600/-. She has secured admission in Wichita State University, KS, United States of America and hence, sought for financial assistance. There is no dispute that the writ petitioner and consequently, his daughter do belong to the Scheduled Castes.
The State Government, as a policy measure, has taken a decision and announced it through their G.O.Ms.No.54, Social Welfare (EDN.2) Department, dated 28.06.2013, introducing “Ambedkar Overseas Vidya Nidhi”, for the purpose of sanctioning as many as 500 students every year the necessary financial assistance to pursue Post Graduate studies abroad. This beneficial welfare scheme has been introduced so as to ensure that the disadvantaged sections of the society, such as Scheduled Castes and Scheduled Tribes will join the mainstream of the society by overcoming the disparities existing between them and the rest of the society. But however, like in any other financial assistance scheme, for availing the benefits certain conditions have been stipulated prescribing the eligibility norms and one such relates to the income.
In paragraph No.5 (a), of the said G.O., it is stated as under:
“Income: SC students whose family income is less than Rs.2.00 lakhs per annum from all sources are eligible. Total income form all sources of the employed candidates or his/her parents/guardians, shall not exceed Rs.2.00 lakhs per annum. In case of employees, salary certificate from the employer is a must. In all cases the income certificate must be obtained through MEE SEVA. A copy of the latest Tax Assessment as well as the latest monthly salary slip from the employer is also required to be enclosed with the application.”
Only on the ground that the income of the writ petitioner herein when added to the income of his daughter, it has crossed Rs.2.00 lakhs, the daughter of the writ petitioner has not been provided the necessary financial assistance. There is no dispute on the factual account, but for this hindrance, there is no other cause or factor, which disentitled the daughter of the petitioner to make a claim for securing the necessary financial assistance.
The object pursued by the State Government introducing “Ambedkar Overseas Vidya Nidhi” is to encourage the children of the members belonging to the Scheduled Castes not to hesitate to take to Overseas Post Graduate Education. This is a laudable scheme, which, in turn, would produce the desired objective of the State to secure effective integration of the members of the Scheduled Castes duly overcoming the disparities suffered in the past by them, but at the same time, keeping an eye on the precious financial resources available with the State Government, certain limitations are prescribed for working out or giving effect to this beneficial scheme. The two most important limitations prescribed by the State Government are as follows:
1. The best 500 students would be provided the necessary financial assistance, and
2. The income of the family of the student should not have crossed Rs.2,00,000/- per annum.
The contents of Paragraph No.5 (a) of G.O.Ms.No.54, dated 28.06.2013 clearly bring out that the income of the family of the student, from all sources put together, should be less than Rs.2,00,000/-.
The most crucial sentence used in this paragraph reads as under:
“total income from all sources of the employed candidates or his/her parents/guardians, shall not exceed Rs.2.00 lakhs per annum.”
Clearly two segments are contemplated herein. They are
(1) income of the employed candidates
(2) income of his/her parents/guardians.
Both these two different segments are identified and segregated into two separate groups by using the disjunctive word “or”. Thus, either the income of the employed student should not have crossed Rs.2,00,000/- per annum or the income of the parents/guardians shall not cross Rs.2,00,000/- per annum. While calculating the income of these respective categories, income from all sources is what is to be reckoned. In other words, income need not be confined only to the salary income and the income gained from other sources apart from the salary income has also to be taken into account and consideration. In the instant case, there is no denying of the fact that the income of the parents of the student is less than Rs.2,00,000/- limit. Similarly, when the income of the employed student itself is taken into account, that was also less than Rs.2,00,000/- per annum, as was certified by the employer himself. Thus, the daughter of the petitioner is eligible to be rendered necessary financial assistance.
In paragraph No.7 of the counter-affidavit filed by the Joint Director/Director (FAC) of the Scheduled Caste Development Department, it is set out that the income of the employed student is Rs.1.62 lakhs and the income of her father is Rs.78,000/-, put together it has worked out to Rs.2,40,000/- per annum and hence, the total income of the family is more than Rs.2,00,000/-, therefore, the daughter of the petitioner is not finally selected for rendering the financial assistance.
As noticed supra, the guidelines fixed by the State Government for rendering the financial assistance itself provided for taking into account and consideration the income of the students, as distinct from that of the income of the parents/guardians.
In the instant case, the employed student’s income has not crossed Rs.2,00,000/- per annum. Similarly, the individual income of the parents of the student has also not crossed Rs.2,00,000/- per annum, but however, the total income of the family has been considered to have exceeded the ceiling limit of Rs.2,00,000/- per annum.
When a student gives up employment to take up overseas P.G. course, she ceases to be an employed individual. Unless one gives up employment, he/she cannot proceed overseas for undertaking P.G. studies.
Therefore, upon the petitioner’s daughter giving up her job, the annual income, which the family can reckon, is that of the income of the parents. The reason why the Government Order employed the expression ‘from all sources’, possibly could be in recognition of the fact that both the parents of the student may have been employed and in such an event, the income of both the parents has got to be examined and taken into account for the purpose of calculating the ceiling limit. Similarly, if there is any other source of income, the same also is liable to be taken into account. If so read, it becomes clear that the benefits, which the State Government wanted to extend, are available for the petitioner’s daughter also.
This apart, the learned Assistant Government Pleader for Social Welfare has pointed out that though the State has intended to render financial assistance to 500 students, ultimately, not even 50 students have been picked up for providing the necessary financial assistance. Therefore, looked at from any perspective, the action of the respondents in denying the financial assistance to the daughter of the petitioner is not justifiable. Hence, the respondent/State is directed to provide necessary financial assistance in accordance with the scheme provided and contemplated as per G.O.Ms.No.54, Social Welfare (EDN.2) Department, dated 28.06.2013 to the daughter of the writ petitioner herein to enable her to continue to prosecute the P.G. studies in United States of America.
Accordingly, the writ petition stands allowed. No order as to costs.
The miscellaneous petitions, if any pending in this writ petition, shall stand closed.
JUSTICE NOOTY RAMAMOHANA RAO 25.11.2014 Ksp