Disposed

S L N Junior College for Girls v. The State of Andhra Pradesh

Andhra Pradesh HC18 Jan 2023WP/21909/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition by three junior colleges seeking reimbursement of expenditure under the College Attached Hostel Scheme for 2018-19. The court disposed of the matter by ordering a release of dues directed in a prior judgment.

What did the court decide?

The writ petition was disposed of in terms of the order dated 29.09.2022 passed in W.P.No.21342 of 2022. No costs.

S L N Junior College for Girls Vs The… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE D.RAMESH

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WRIT PETITION NO: 21909 OF 2022

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Between:

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S L N Junior College For Girls, Rep by its President^{Sri.VellalaNarasaRama} Sastry N.H. 44, Kakkalapalli, Ananthapuramu Rural, Andhra Pradesh - 515002.

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Sri Lakshminarasimha Junior College, Rep by its President Sri. Vellala Narasa Rama Sastry Alamur Road, Ananthapuramu Rural,^{AndhraPradesh} - 515002.

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Sri Satya Sai Junior College,, Rep by its President^{Sri.VellalaNarasaRama} Sastry Alamur Road, Ananthapuramu Rural, Andhra Pradesh^-515002

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...Petitioners

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AND

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The State of Andhra Pradesh, rep by its Principal Secretary to Government Social Welfare Department, Tulluru, Secretariat Buildings Velagapudi, Guntur District.

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The State of Andhra Pradesh, rep by its Principal Secretary to Government Finance Department, Tulluru, Secretariat Buildings Velagapudi, Guntur District.

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The Director, Social Welfare Department T.G. Plaza, 3rd Floor, Tadepalli, Guntur District, Andhra Pradesh - 522501.

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The Deputy Director, Social Welfare Department Main road, Ananthapuram District, Andhra Pradesh -515001.

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District Treasury Officer, O/o District Treasury Office, Ananthapuram District, Muddappa Nagar, Andhra Pradesh - 515001.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing a single penny from out of the admitted due amounts to the Petitioner Institutions towards reimbursement of the expenditure incurred by them under the 'College^{AttachedHostelscheme'}

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} for the academic year 2018-19 for obvious reasons as^{beingarbitrary,illegal} and violating Articles 14, 16, 19 and 21 of the Constitution of India and also in .contravention of the GO Ms No. 40, Social Welfare Department, Dated. 08-122012 and Go Ms No. 118, Minorities Welfare Department, Dated. 20-06-2011 and GO Ms No. 60, Social Welfare Department, Dated/ 27-09-2011 and consequential Government Orders, and consequently direct^{theRespondents} more particularly Respondents 3 to 5 to forthwith release the admitted due amount under the College Attached Hostel scheme for the year 2018-19 with 24 percent interest per annum.

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Prayer is amended as per the Court Order dated 18/01/2023 vide order passed in IA.No.2 of 2022.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents more particularly Respondents^{3to5toforthwithrelease} the admitted due amount under the "College Attached^{Hostelscheme"forthe} years 2018-19 with 24% interest per annum, pending disposal of the Writ Petition, in the interest of justice.

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Prayer is amended as per the Court Order dated 18/01/2023 vide order passed in IA.No.02 of 2022.

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Counsel for the Petitioner: SRI SRI VIJAY MATHUKUMILLI Counsel for the Respondent Nos.1,3,4: GP FOR SOCIAL^WELFARE Counsel for the Respondent No.2 & 5: GP FOR FINANCE^ANDPLANNING The Court made the following: ORDER

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■)

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THE HONOURABLE SRI JUSTICE D.RAMESH

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WRIT PETITION NO.21909 OF 2022

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ORDER;

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This writ petition is filed under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not releasing a single penny from out of the admitted due amounts to the petitionerinstitutions towards reimbursement of the expenditure incurred by them under the “College Attached Hostel Scheme” for the academic year 2018-19 for obvious reasons as being illegal, arbitrary and consequently direct the respondents more particularly respondents^{3to5toforthwith} release the admitted due amount under the College Attached Hostel Scheme for the year 2018-19 with 24% interest per annum.

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During the course of hearing, learned counsel for the petitioners submitted that the subject matter of the Writ Petition is squarely covered by the orders passed by this Court in W.P.No.21342 of 2022 dated 29.09.2022.

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Learned Government Pleader for Social Welfare appearing for the State, based on the averments made in the counter,^{contendedthat} that their department has not allotted/sponsored the^{studentstothese} petitioner institutions under Corporate Education Scheme during the

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year 2018-19 and there were no dues payable for students^andalsofor these institutions for 2018-19 under the said scheme.

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Replying to the said averments, learned counsel for the petitioners submitted that though earlier the petitioners sought in the writ petition prayer for reimbursement of the fees under both the schemes i.e., College Attached Hostel and Corporate Education Schemes, as the respondents stated in their counter that no student was sponsored by the department under Corporate Education^scheme and there is no denial with regard to the admission of sponsoring students under College Attached Hostel. Hence, the petitioners filed I.A.No.02 of 2022 for amendment of prayer restricting their prayer for releasing the admitted due amounts to the petitioner-institution^s towards reimbursement of the expenditure incurred by^themunderthe “College Attached Hostel Scheme” for the academic year 2018-19, which was allowed.

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In view of the submissions made by the learned counsel^forthe petitioners and the learned Government Pleader for Social Welfare, this Writ Petition is disposed of in terms of the order dated 29.09.2022 passed in W.P.No.21342 of 2022, directing the respondents^torelease the admitted due amounts to the petitioner institutions towards

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reimbursement of the expenditure incurred by them under^theCollege Attached Hostel within a period of two (02) months^fromthedate of receipt of a copy of this order. No costs.

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SD/- V. SAVITHRI GOWRI ASSISTANT REGISTRAR

To,

r SECTION OFFICER

//TRUE COPY//

The Principal Secretary to Government, State of^Andhra Welfare Department, Tulluru., Secretariat Buildings Velagapudi, Guntur

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District. Government, State of Andhra Pradesh, Finance

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2 The Principal Secretary to . ^ Department, Tulluru, Secretariat Buildings Velagapudi,

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1. The Director, Social Welfare Department T.G. Plaza,^3rd Floor, Tadepalli, Guntur District, Andhra Pradesh- 522501. Anonthannram

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1. The Deputy Director, Social Welfare Department Mam^{road,Ananthapuram} District, Andhra Pradesh-515001. M;,nar

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1. District Treasury Officer, O/o District Treasury Office, Muddappa Nagar, Andhra Pradesh - 515001. rrAoi im

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6 One CC to SRI. SRI VIJAY MATHUKUMILLI Advocate [OPUC] 7. Two CCs to GP FOR SOCIAL WELFARE, High Court of Andhra Pradesh. [OUT] FINANCE AND PLANNING, High Court of Andhra

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1. Two CCs to GP FOR Pradesh. [OUT]

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Two CD Copies PR (MBT)

HIGH COURT

DATED:18/01/2023

ORDER

V/P.No.21909 of 2022

m
,.g 15 FEB 2025 Co
. Current Section . ^

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DISPOSING THE WP, WITHOUT COSTS

S L N Junior College for Girls v. The State of Andhra Pradesh

Case brief

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S L N Junior College for Girls v. The State of Andhra Pradesh

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