VENKATACHALAM Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1972-3-28
HIGH COURT OF ANDHRA PRADESH
Decided on March 10,1972

VENKATACHALAM Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) The large number of petitioners in this writ petition are employee students studying in the evening session of the V. R. College, Nellore. When they were admitted into their courses they were granted half fee concession on the ground that their income was less than Rs. 3600.00 per year. But by a memorandum No. 2745/P2/69-10, dt: 16.11.1970, the Government withdrew this half fee concession to all employee-students. In consequence, the Principal of the College has called upon the petitioners, by his notice dt: 9.11.1971, to pay full term fee for the academic year. The petitioners now seek a mandamus restraining the respondents from enforcing this memorandum.
(2.) The material facts relating to this petition are not in dispute., By G. O. Ms. No. 14, Planning Department, dt: 24.1.1964, the Government directed that "the fee concessions granted under Rule 82 of the Madras Educational Rules shall be extended to all poor students irrespective of their caste or creed. All students, the income of whose parents is less than Rs. 1,500.00 per year, shall be considered poor." Then by Memo No. 3407422/66-2 Edn. Dt: 28.10.1966, the Government directed, accepting the recommendations of the Director of Public Instruction, that with effect from the school year 1966-67, the income limits for the purposes of fee concessions should be fixed in the case of Secondary Schools at Rs. 2400.00 and for College Rs. 3600.00. It is on this basis that all the petitioners have been awarded half fee concessions on the production of certificates that their incomes were less than RS. 3600.00, per year. Now by memo No. 2745/P2/69-10 Edn. Dt: 16.11.1970 the Government Directed that after Note (iii) under sub-rule (b) of rule 219 of the Andhra Pradesh Education Rules, the following note shall be inserted viz., "IV : Concessions under this Rule shall not be granted to employee students studying in the evening colleges in the State"
(3.) By virtue of this amendment all employee students, whatever their or their parents economic status may be, are denied the half fee concessions because they are employees.;


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