HYDERABAD: The Telangana High Court on Wednesday stayed the operation of eight GOs governing the Kalyana Lakshmi and Shaadi Mubarak welfare schemes, including payments to beneficiaries, pending further hearing on a challenge to their constitutional validity.
Justice NV Shravan Kumar passed the interim order after the state sought more time to file its counter-affidavit. The court directed the respondents to file their counters and posted the matter to September 9.
The petition challenges the constitutional validity of the GOs under which the two schemes were introduced in 2014 and subsequently amended. The schemes initially provided financial assistance to unmarried girls belonging to SC, ST and minority communities and were later extended to BC and EBC communities. The assistance has also been enhanced from time to time.
The petitioner contended that the schemes were being implemented without legislative or statutory backing and questioned the Executive’s authority to prescribe eligibility conditions, including income limits. It was also argued that the substantial expenditure from the Consolidated Fund of the State under the schemes required examination in light of Articles 202(3), 204(3), 266(3) and 283(2) of the Constitution.
The petitioner alleged that the GOs amounted to the Executive exercising legislative functions without statutory sanction and also challenged the classification of beneficiaries under Articles 14 and 15.
Relying on information obtained under the Right to Information (RTI) Act, the petitioner pointed to substantial expenditure on the schemes and argued that public funds could be withdrawn and appropriated only in accordance with constitutional requirements.
The court noted that despite an earlier opportunity granted on July 8, the respondents had not filed a counter-affidavit. In view of the nature of the challenge and the state’s request for more time, the court ordered that the eight impugned GOs, including payments to beneficiaries under them, would remain stayed until the next hearing.
The matter will be taken up on September 9 for counters.