Allowed

Bhimala Madhavi Kalyani v. the State of Andhra Pradesh

Andhra Pradesh HC3 Feb 2023WP/1508/2023

Case brief

AI extract

What is this about?

The Court allowed writ petitions seeking release of sanctioned financial assistance under state education schemes ('Videshi Vidya Deevena' and 'Ambedkar Vidya Nidhi') for students completing Masters' degrees abroad. This arbitrary non-release violates Article 14.

What did the court decide?

Directing the respondents to release the sanctioned funds to the petitioners under the 'Videshi Vidya Deevena' and 'Ambedkar Vidya Nidhi' schemes within six weeks from the date of receipt of the order

Bhimala Madhavi Kalyani Vs the State of… — Education and Admissions | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION Nos.1504, 1508 and 1515 of 2023

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COMMON ORDER:

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As the petitioners in these three Writ Petitions are raising the same issues and are seeking the same reliefs, they are being disposed of by way of the present common order.

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Heard Sri P. Vijay Bhaskar, the learned counsel appearing for the petitioners and the learned Government Pleader for Social Welfare, appearing for respondent Nos.1 to 4.

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The petitioner’s daughter in W.P.No.1504 of 2023 had pursued her Masters Degree in Australia. The petitioner’s son in W.P.No.1508 of 2023 had pursued his Masters Degree in United Kingdom. The petitioner’s son in W.P.No.1515 of 2023 had pursued his Masters Degree in Australia. For the purposes of covering the costs of such education, the petitioners had applied for financial assistance under the “Videshi Vidya Deevena” Scheme and the “Ambedkar Vidya Nidhi” Scheme, being operated by the State Government. The petitioners’ children in W.P.No.1504 of 2023 and W.P.No.1504 of 2023 were granted financial assistance of an amount of Rupees Ten Lakhs (Rs.10,00,000/-) each and the petitioner’s son in W.P.No.1508 of

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2023 was granted financial assistance of an amount of Rupees Fifteen Lakhs (Rs.15,00,000/-).

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The petitioners’ children have finished their respective courses abroad. However, the amounts sanctioned under the aforesaid schemes have not been released to the petitioners till today. Aggrieved by the inaction of the respondents in releasing these funds, the petitioners have now approached this Court by way of the present Writ Petitions.

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Sri P. Vijay Bhaskar, the learned counsel appearing for the petitioners would submit that the non-release of the sanctioned amounts is clearly arbitrary and in violation of the guidelines of the said scheme itself. He would submit that such an arbitrary action is clearly violative of Articles 14 of the Constitution of India, requiring intervention of this Court.

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He also relies upon an earlier order of this Court dated 05.12.2022 in W.P.No.38282 of 2022. This Court, in the order mentioned above, in similar circumstances, had directed that the funds sanctioned under the scheme, should be released within six weeks from the date of receipt of the said order.

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In the present case, there is no dispute that the amounts claimed by the petitioners had been sanctioned in favour of the

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petitioners and that they are due for such payments. In such circumstances, the refusal to pay the said amounts or the inaction in disbursing the said amounts would clearly be arbitrary and violative of the scheme itself, which was essentially formulated for giving timely financial aid to eligible students, who are pursuing their education abroad. Non-release of the said funds would certainly amount to negation of the object of the scheme itself.

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Consequently, these Writ Petitions are allowed, directing the respondents to release the sanctioned funds to the petitioners under the Schemes of “Videshi Vidya Deevena” and “Ambedkar Vidya Nidhi”, within a period of six (06) weeks from the date of receipt of the copy of this order. There shall be no order as to costs.

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Miscellaneous petitions, pending if any, in these Writ Petitions shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J

03.02.2023 MJA

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION Nos.1504, 1508 and 1515 of 2023