HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 11311 OF 2009 DATED 21st November, 2014.
BETWEEN Jatoth Haritha Rathod ….Petitioner And The Principal Secretary to Government, Higher Education (EC.I) Department, AP Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 11311 of 2009.
ORDER:
Heard learned Counsel for the petitioner. None appeared for the respondents. However, a counter is filed on behalf of the fourth respondent and the same is taken on record.
The petitioner states that she belongs to ‘Lambadi’ community, which is a Scheduled Tribe. She completed her Intermediate course from the Board of Intermediate Education having passed in ‘A’ Grade in the year 2008. Thereafter she appeared for EAMCET-2008 and having qualified in the said test, she got admission in Pharma-D course at Bharat Institute of Technology (Pharmacy), fourth respondent herein. She submitted a requisition to respondents 1 and 2 seeking fee reimbursement as she belongs to ST community. The Secretary of A.P. State Commission for SCs and STs, Hyderabad through his letter dated 11.12.2008 recommended the case of the petitioner for fee reimbursement, in response to which, the second respondent addressed a letter dated 27.05.2009 to the A.P. State Commission for SCs and STs stating that there is no fee reimbursement for the academic year 2008-09 and accordingly rejected her request. The fourth respondent-College has collected Rs.1,06,000/- from the petitioner towards admission fee and further insisting for the future fee payment. It is her case that she belongs to weaker section society of ST community and her father’s annual income is only Rs.24,000/- and therefore unless fee reimbursement benefit is extended to her, she may be not in a position to continue the studies.
No counter affidavit is filed by respondents 1 to 3. Fourth respondent filed a counter affidavit stating that duration of Pharma-D course is six years including one year internship and the total fee payable was fixed by the Fee Regulatory Committee by its orders dated 3.12.2008. The petitioner got admission into the said course under B-category seat and there is no fee reimbursement for category-B seats.
In view of the foregoing discussion, the Writ Petition is disposed of directing the first respondent to consider the case of the petitioner for fee reimbursement if she is otherwise eligible within three months from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioner.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 21st November, 2014. Msnrx