HC warns TRS Govt not to cross Laxman Rekha HYDERABAD: In a double whammy to the Telangana government, the Hyderabad High Court directed it not to finalise modalities for implementation of FAST (Financial Assistance to Students of Telangana) scheme and stayed the GO that makes re-registration of all vehicles ' replacing existing alpha-numeric code AP with TS ' in Telangana mandatory.
A division bench, comprising Chief Justice Kalyan Jyoti Sengupta and Justice PV Sanjay Kumar, directed the government to first place before the court any guidelines formulated for implementation of FAST.
The bench's directive came on two petitions filed separately by P Satyanarayana, TDP legislator, and Dokka Manikya Vara Prasad, former minister, seeking annulment of GO 36 dated July 30, 2014 issued by the government.
The GO, which replaces the earlier fee reimbursement scheme for poor students with FAST, makes it clear that the scheme will be applicable to only those students whose parents had settled in Telangana on or before Nov 1, 1956.
College fee of only such students will be reimbursed. Students pursuing post-matric courses and those seeking admission into similar courses for the 2014-15 academic year will come under the purview of the scheme.
The Chief Justice questioned the decision to extend financial assistance only to Telangana students and sought to know the rationale behind fixing Nov 1, 1956 as the cut-off date.
Advocate General K Ramakrishna Reddy submitted that the GO was issued only to work out modalities and a final decision was yet to be taken. He cited financial constraints to defend the move.
An unconvinced Chief Justice observed, 'If you (government) have financial difficulty, you have the power to scrap the scheme, but have no power to put such barriers which are unconstitutional.'
He further remarked, 'If we allow this GO, it will result in secessionist and anti-integrationist acts. We have to strive to protect the integrity of this country.' Justice Sengupta pointed out that the Presidential Order, in force in the State, has already given parameters to derive local status of citizens of the State for employment and education.
While making it clear that no interim order was required at this stage, the bench directed the government to file a counter affidavit to justify the GO. The matter was posted for further hearing after six weeks.
The bench, while staying the GO on re-registration of vehicles during hearing on a plea against the same, asserted it would not allow attempts to misuse power in a whimsical manner.
It said rules made under Section 65 of the Motor Vehicles Act should be in tune with the Constitution. 'The GO does not pass that test and hence, the State cannot ask vehicle owners to go for re-registration,' it said. The Chief Justice directed the State counsel to delete the term re-registration.
News Posted: 23 September, 2014
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