HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Between:
PUBLIC INTEREST LITIGATION No.267 OF 2014
DATED: 10.11.2014 Rajasthani Sainik Khatriya Mali Sangh And The Government of Telangana and others … Petitioner … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No.267 of 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This Public Interest Litigation has been filed for not considering the representation made by the petitioner dated 18.09.2014 to the respondents seeking to issue appropriate direction to all the District Collectors of Telangana State to implement G.O.Ms.No.45, Backward Classes Welfare (C2) Department, dated 07.08.2008 strictly and further, to set aside Memo No.704/C2/2010-1, dated 06.10.2010 as the same is contrary to Articles 14, 15, 16, 19 and 162 of the Constitution of India.
The Government passed order, dated 07.08.2008 in acceptance of the recommendation of Andhra Pradesh Commission for Backward Classes, Hyderabad to include Bare, Baria, Marar and Tamboli as synonyms to Mali of all Districts of Telangana Region, in the list of Backward Classes under Group-D at Sl.No.18 for the purpose of Articles 15(4) and 16(4) of the Constitution of India. By this Government Order, the Director of Backward Classes Welfare and all the District Collectors were to take necessary action. Later, the Government issued memo, dated 06.10.2010, whereby, it was stated that the District Backward Classes Welfare Officer, Hyderabad, requested the Commissioner, Backward Classes Welfare, Hyderabad to clarify whether the students of migrants belonging to the communities like Agarwal, Marvadi, Nepali and Sikhs are eligible to get the EBC Scholarships or not. On that, the Commissioner requested the Government to issue clarification in the matter. Thereafter, the Government has taken a decision to restrict the benefits to the students of Andhra Pradesh origin only, and migrants (outsiders) should not be allowed for the benefit.
In our view, relief sought in this petition does not relate to the public interest. According to us, if the Director, Backward Classes Welfare, Hyderabad, and the District Collectors do not take any action in terms of G.O.Ms.No.45, dated 07.08.2008, then, it is those individuals who are the beneficiaries of that order can approach but the petitioner cannot approach on their behalf, because it is not the beneficiary. According to us, it is purely individual interest, not the public interest.
Hence, this Public Interest Litigation is dismissed. However, beneficiaries of the order may approach appropriate forum individually, if so advised. No order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
10th NOVEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni