It is either the aggrieved students or parents who should make such a move, the bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P V Sanjay Kumar said while hearing the legislator's plea that questions GO ms no 36 dated July 30 which introduced "Financial Assistance to Students of Telangana (FAST)" scheme.
The bench said that it would first look into whether the petitioner has locus standi or not to challenge a government's decision before going into the merits of the case. "You (petitioner) belong to a political party and you are not a parent or guardian of a student. What is your locus standi?", the bench asked the petitioner.
In reply, senior counsel A Satya Prasad, arguing for the petitioner, told the bench that the petitioner has locus standi to challenge the Telangana government's decision as lakhs of students belonging to the current Andhra Pradesh region were being affected as a result to this GO. As per the Mulki Rules, a person can claim local status after15 years of residence in the Hyderabad state, he said.
The Supreme Court also declared the action of the T government as illegal, he added. When the government counsel sought time to respond, the bench posted the matter to Monday.
FAST, a new scheme, aims to reimburse fees for all students pursuing higher studies and fresh admissions whose parents were bonafide residents of Telangana as on Nov 1, 1956. FAST would come into effect from the current academic year 2014-15.
The MLA urged the court to set aside this GO and declare "FAST" as illegal, arbitrary and violative of Articles 14, 15, 19 (d) and (e) and 21 of the Constitution. Also, this order was running contrary to Article 371-D of the Constitution and violative of Sections 95 and 75 of the Andhra Pradesh reorganisation act, 2014, he said.
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