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M/s. Jagans College of Engineering and Technology, v. The State of Andhra Pradesh

Andhra Pradesh HC7 Jul 2024WP/5087/2024

Case brief

AI extract

What is this about?

Writ petition filed by a private engineering college seeking a mandate to release fee reimbursement bills under the Jagananna Vidya Deeyena scheme. The court directed release of admitted amounts with interest and no order on costs.

What did the court decide?

Direction to respondents to release admitted bills totaling Rs. 7,88,000/- to Rs. 90,000/- with 6% interest within three months.

M/s. Jagans College of Engineering and… — Education and Admissions | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Originai Jurlsdiction)

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MONDAY ,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5087 OF 2024

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Between:

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M/s. Jagan’s College of Engineering and Technology, Rep. by its correspondent and Principal Sure Venkata Jagan Mohan Reddy, S/o. Sure Venkatarami Reddy, Chavatapalerh, Venkatachalam Mandal, S.P.S.R. Nellore, Andhra Pradesh

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Higher Education Department, AP Secretariat Buildings Velagapudi, Amaravati, Andhra Pradesh

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Social Welfare Department, AP Secretariat Buildings Velagapudi, Amaravati, Andhra Pradesh

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The State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Finance Department, AP Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh

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Jawaharlal Nehru Technological University, Rep. by its Registrar Anantapuramu, Andhra Pradesh

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<34

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/■

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The Joint Director, Social welfare Department, Velagapudi,^Amaravati Andhra Pradesh

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The Director of Treasuries and Accounts, 1st Floor, Nidhi Bhavan, Behind APIIC Building, IT Park, Mangalagiri, Guntur District, Andhra Pradesh

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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 a writ, order or direction more particularly^{oneinthenature} of Writ of Mandamus declaring the action of the respondents in not releasing admitted bills towards fee reimbursement under the Jagananna Vidya Deeyena scheme of the Government, for the academic year 2019-2020, despite of the completion of process i.e., raising of tokens and scrutiny of the same vide CFMS Id Nos. 2023-1243493, 2023-1262038, 20231262039, 2023-1264348, 2023-1258560, 2023-1260942 for an amount of Rs. 7,88,000/-, Rs. 8,05,800/-, Rs. 1,41,000/-, Rs. 9,96,400/-, Rs. 30,000/and Rs. 90,000/- respectively as bad, illegal, violative of Articles. 14 and 19 Constitution of India and consequently, direct the respondents No. 3 to release admitted bills vide CFMS Id Nos. 2023-1243493, 2023-1262038, 2023-1262039, 2023-1264348, 2023-1258560, 2023-1260942 for an amount of Rs. 7,88,000/-, Rs. 8,05,800/Rs. -1,41,000/-, Rs. 9,96,400/-, Rs. 30,000/- and Rs. 90,000/- forthwith towards the fee reimbursement of the eligible student for the academic year 2019-2020 under Jagananna Vidya Deevena scheme.

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\A NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 to release admitted bills vide CFMS Id Nos.

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2023-1243493, 2023-1262038, 2023-1262039, 2023-1264348, 20231258560, 2023-1260942 for an amount of Rs. 7,88,000/-, Rs. 8,05,800/Rs. 1,41,000/-, Rs. 9,96,400/-, .Rs. 30,000/& Rs. 90,000/- forthwith towards the fee reimbursement of the eligible student for the academic year 2019-2020 under Jagananna Vidya Deevena scheme, pending disposal of the main writ petition.

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Counsel for the Petitioner(s): SRI. KESAVI KUMARI NEMALA

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Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION

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Counsel for the Respondent Nos.2 and 5: GP FOR SOCIAL^WELFARE

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Counsel for the Respondent Nos.3 and 6: GP FOR FINANCE^AND PLANNING

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Counsel for the Respondent No.4: SRI PENJURI VENUGOPAL, ADVOCATE

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The Court made the following: ORDER

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<-'k

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WT?TT PETITION No.5087 of 2024

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ORDER

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action of the 1. The Writ petition is being filed aggrieved with the admitted bills towards reimbursement of respondents in not releasing Vidya Deevena scheme of the the fee under the Jagananna 2019-2020, despite completion of Government, for the academic year process i.e., raised token and scrutiny of the same by the^respondent No.6 vide CFMS ID No.2023-1243493 2023-1262038, 2023-1262039, amount of 2023-1264348; 2023-1258560, 2023-1260942 for an Rs.1,41,000/-, Rs.9,96,400, Rs.8,05,800/-, Rs.7,88,000/-, Rs.30,000/- & 90,000/- respectively .

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submits that the 2. The learned counsel for the petitioner an unaided private college and obtained the petitioner college is from the required affiliation and approvals for conducting courses 2019-2020. He further competent authority. for the academic year the scheme launched by the 1st respondent submits that pursuant to Vidya Deevena scheme, the in the name and style of the Jagananna of the students who were forwarded all the applications petitioner the scheme for sanction. The entire admitted and eligible under completed in the year exercise for sanction under the scheme was

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2021, and the petitioner also requested the release of the sanctioned fee reimbursement via a letter dated 08-04-2021. Despite receiving requests and reminders, the respondents neither sanctioned the fee reimbursement under the Jagananna Vidya Deevena scheme nor rejected the claim of the petitioner.

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This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05. 10.2021 in W.P.No. 10038 of 2021 and batch had taken the view that such non-payment of dues is arbitraiy and that such dues need to be cleared by the respondents at the earliest.

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On the other hand, learned Government Pleader for Social Welfare Department while admitting about the claim of the petitioner filed a counter by the S'* respondent, He would submit that soon after release of budget by the Government the respective Welfare Departments have raised the bills with reference to the pending reimbursement of tuition fee relating to the academic year 2019-2020 to petitioner’s college, i.e., M/s Jagan’s College of Engineering and Technology, Chavatapalem, SPSR Nellore District and submitted to the treasury for approval of the bills and for the credit of the amounts to the petitioner’s bank account.

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In view of the aforesaid directions of this Court in^variouscases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Social Welfare Department, this Writ Petition is disposed of with^{adirectiontothe} respondents to release the amount of Rs.7,88,000/-,^{Rs.8,05,800/-,} Rs.1,41,000/-, Rs.9,96,400, Rs.30,000/- 85 90,000/-^{respectivelyto} the petitioner, along with the interest @ 6% per annum,^inviewofthe judgment of the Honhle Division Bench of this Court^inWritAppeal No.724 of 2021 and batch dated 12.10.2023, within a period of three (03) months from the date of receipt of a copy of this^order. It would also be open to the petitioner to agitate his claim^{forhigherrateof} interest, if any payable by the respondents, in an^{appropriateforum.} There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pendingⁱⁿ this Writ Petition shall stand closed.

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SD/- SHAIK MOHD. RAFI

ASSISTANT REGISTRAR

//TRUE COPY//

ECTION OFFICER

To,

The Special Chief Secretary to Government, Higher^{EducationDepartment,AP} Secretariat Buildings, Velagapudi, Amaravati, Andhra^Pradesh

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The Principal Secretary to Government, Social Welfare^{Department,APSecretariat} Buildings, Velagapudi, Amaravati, Andhra Pradesh

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The Special Chief Secretary to Government, Finance^{Department,APSecretariat} Buildings, Velagapudi, Amaravati, Andhra Pradesh

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Registrar,Jawaharlal Nehru Technological University,^{Rep.byitsAnantapuramu} Andhra Pradesh

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The Joint Director, Social welfare Department, Velagapudi,^{Amaravati,Andhra} Pradesh

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The Director of Treasuries and Accounts, 1st Floor, Nidhi Bhavan, Behind APIIC Building, IT Park, Mangalagiri, Guntur District, Andhra^Pradesh

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One CC to Sri. Kesavi Kumari Nemala Advocate [OPUC] 8. Two CCS to GP FOR HIGHER EDUCATION ,High Court Of^{AndhraPradesh.[OUT]} 9. Two CCs to GP For Finance and Planning, High Court^{of AndhraPradesh.} 10.Two CCs to GP For Social Welfare, High Court of^{AndhraPradesh.}

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One CC to Sri Penjuri Venugopal, Advocate [OPUC].

12.Three CD Copies

HIGH COURT

DATED:08/07/2024

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ORDER

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WP.No.5087 of 2024

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DISPOSING OF THE WP WITHOUT COSTS

M/s. Jagans College of Engineering and Technology, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s. Jagans College of Engineering and Technology, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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