Andhra Pradesh High Court Directs State To Consider Enhancement Of Pre-Matric Scholarship Amount
The Andhra Pradesh High Court has directed the State to consider the schools for enhancement of pre-matric scholarship amount under Best Available Schools Scheme.
The Court was deciding a Writ Petition seeking to declare the action of the authorities in sanctioning the scholarships to Best Available Schools in SPSR Nellore District discriminately very low amounts comparing to BAS schools in other districts and consequently direct to enhance the scholarships to the total eligible amount i.e. Rs.20,000/- per head per year as recommended by the District Level Committee by crediting all such arrears under ePASS.
A Single Bench of Justice Venkateswarlu Nimmagadda observed, “In Ajay Hasia v. Khalid Mujib Sehravardi [(1981) 1 SCC 722], the Hon‟ble Apex Court held that wherever there is arbitrariness in State action – be it of the legislature or of the executive or of any “authority” under Article 12, Article 14 must immediately spring into straight action to strike down such state action. Article 14 is meant to strike back at arbitrariness because any action that is arbitrary involves negation of equality. In fact, “the doctrine of classification” is not the end of the objective of Article 14. It is meant merely to determine whether or not the legislative or executive action in question is arbitrary and therefore, it is a judicial formula to constitute the denial of equality.”
Advocate C.L.N. Gandhi appeared on behalf of the Petitioners while Government Pleader appeared on behalf of the Respondents.
Brief Facts
The Petitioners were selected as the Best Available Schools (BAS) in Nellore District as per the scheme, which have been operating since 2008 and were officially recognized by the Departments of Social Welfare and Tribal Welfare for providing education to the tribal communities in the area. The Government of Andhra Pradesh offered a pre-metric scholarship of Rs. 20,000 per year per student, intended to cover expenses for textbooks, stationery, shelter, food, and overall education and boarding. In line with this, the Petitioners registered with the District Level Committee to offer high quality education along with hostelling services to underprivileged tribal students from Class V to Class X.
However, while other schools received the full scholarship amount of Rs. 20,000 metric scholarship from the Tribal and Social Welfare authorities, the Petitioners’ schools were only allocated between Rs. 8,000/- and Rs.20,000/- seemingly at the discretion of the authorities. Although the District Level Committee submitted recommendations confirming that the Petitioners’ schools are also maintaining standards in line with the BAS Scheme, but due consideration was not given. Despite the Petitioners submitting numerous representations to the authorities requesting the merging of scholarship amounts, no action was taken. Hence, the Writ Petition was filed.
Reasoning
The High Court in view of the above facts, noted, “When the decision taken by the respondents is arbitrary, such action can be struck down on the ground of arbitrariness as it is hit by Article 14 of the Constitution of India. The word ‘Arbitrariness’ is the quality of being “determined by chance, whim, or impulse, and not by necessity, reason, or principle”. Article 14 of the Indian Constitution guarantees to every citizen the Right to Equality. It applies the principle of Equality before the law and prohibits unreasonable discrimination between persons.”
The Court said that the equality means to treat every person equally and without any discrimination made on the basis of sex, caste, religion, age, and politics.
The Court added that the Supreme Court laid a basic, new dimension to Article 14 and held it to be a guarantee against arbitrariness and according to the Doctrine of Arbitrariness, “equal protection of the law” prohibits class legislation but permits reasonable classification of persons or things.
“In view of my foregoing discussion, since the petitioners fall under the category of Best Avaialbel Schools, the respondents are directed to consider the petitioners schools for enhancement of pre-matric scholarship amount under Best Available Schools Scheme and enhance the amount of Rs.15,000/- to Classes III & IV; Rs.20,000/- to Classs V to X per student per annum, on par with other Best Available Schools”, it remarked.
The Court, therefore, directed that the Respondents shall pay the arrears to the Petitioners’ schools along with interest @ 6% per annum, within three months.
Cause Title- M/s Chaitanya High School v. The Government of Andhra Pradesh
