Marella Satish Reddy (Student) Vs State of Andhra Pradesh

MARELLA SATISH REDDY (STUDENT), REP BY IT IS FATHER MARELLASRINIVASA REDDY, S/O. APPIREDDY, AGED 53 YEARS, R/O. 2-54, CHALLAGUNDLA VILLAGE, NEKARIKALLUMANDAL, GUNTUR DISTRICT

¶10

...PETITIONER

¶11

AND

¶12

STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, B C WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

¶13

STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT

¶14

THE MANAGING DIRECTOR, ECONOMICALLY BACKWARD CLASSES WELFARE DEPARTMENT, 2ND FLOOR, SRI VISHNU TOWERS, KRISHNAVENI SCHOOL ROAD, PORANKI, VIJAYAWADA, KRISHNA DISTRICT.

¶15

THE DIRECTOR, BACKWARD CLASSES WELFARE DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT.

¶16

THE DISTRICT COLLECTOR, EBC AND AMP BC WELFARE WINGS, GUNTUR DISTRICT.

¶17

THE DISTRICT BC WELFARE OFFICER, GUNTUR DISTRICT.

¶18

THE DISTRICT EBC WELFARE OFFICER, GUNTUR DISTRICT.

¶19

...RESPONDENT(S):

¶20

Petition under Article 226 of the Constitution of India praying

¶21

that in the circumstances stated in the affidavit filed therewith, the

¶22

SRK, J WP No.1710 of 2024

¶23

2

¶24

High Court may be pleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the 2^nd installment of financial assistance of Rs.5,00,000/- (Rupees Five Lakhs Only) to the son of the petitioner Marella Satish Reddy as per G.O. RT.No.174, dated 07.12.2017 R/w G.O.Ms.No.29, dated 27.08.2016, despite sanction of funds by the Government under Application ID No.OV2018117310 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release 2nd installment of financial assistance of Rs.5,00,000/- (Rupees Five Lakhs Only) to the son of the petitioner Marella Satish Reddy forthwith under Application ID No.OV2018117310.

¶25

Counsel for the Petitioner:

¶26

1.Y KAMALA RANI

¶27

Counsel for the Respondent(S):

¶28

1.GP FOR SOCIAL WELFARE (AP)

¶29

2.GP FOR FINANCE PLANNING (AP)

¶30

SRK, J WP No.1710 of 2024

¶31

3

¶32

The Court made the following ORDER:

¶33

This Writ Petition has been filed seeking to declare the action of respondents in not releasing 2^nd installment of financial assistance of Rs.5,00,000/- (Rupees five lakhs only) to the son of the petitioner by name Marella Satish Reddy as per G.O.Rt.No.174, Backward Classes Welfare (B) Department, dated 07.12.2017 read with G.O.Ms.No.29, Backward Classes Welfare (B) Department, dated 27.08.2016, despite sanction of funds by the Government under Application ID No.OV2018117310 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently, direct the respondents to release aforesaid amount forthwith.

¶34

Son of petitioner completed his graduation with grade A University and since the petitioner’s financial position is economically weak and he has no means to send his son abroad to pursue his further studies, in terms of G.O.Rt.No.174, dated 07.12.2017 issued by the Government, his son made an application, vide ID.No.OV2018117310 for getting financial assistance of Rs.10,00,000/- to pursue his Post Graduation and also got admission in Asia Pacific International College, Australia for pursuing Masters of Business and Project Management. On such application, his son got eligible and 4^th respondent also

¶35

SRK, J WP No.1710 of 2024

¶36

4

¶37

issued proceedings for making payment of Rs.10,00,000/- and that his son went to Australia to pursue his Post Graduation Course. According to the guideline No.4(h) issued under G.O.Ms.No.29, dated 27.08.2016, the respondents have to release first installment after the candidate arrive at overseas by uploading Immigration Card and second installment has to be released after uploading the results of first semester. Even though, son of petitioner has complied the said condition, the respondents failed to release the amount. Hence, he filed the present Writ Petition.

¶38

Today, when the matter came up for hearing, learned Government Pleader for Social Welfare, on written instructions, admits that the petitioner’s son namely Marella Satish Reddy is eligible as per the report submitted by the Vigilance and Enforcement Department and requested for three months time for completion of the process for making payment i.e., receipt of the budget from the Government for sanction of amount to the petitioner’s son.

¶39

In view of the aforesaid facts and circumstances and as there is no dispute with regard to the petitioner’s son eligibility for release of second installment, the respondents are directed to release the 2^nd installment amount of Rs.5,00,000/- (Rupees five

¶40

SRK, J WP No.1710 of 2024

¶41

5

¶42

lakhs only) to the son of the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order.

¶43