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2023 DAILYLAW 1764 (AP)

GODI LAKSHMI NIHARIKA v. THE STATE OF ANDHRA PRADESH

WP/15917/2023 · 2026-04-27

Nyapathy Vijay

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010305232023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15917/2023 Between: 1. GODI LAKSHMI NIHARIKA, REP BY ITS FATHER GODI TRINADHA RAO, S/O G. MALLAYYACHARI, AGED ABOUT 38 YEARS, R/O DOOR NO. 13-391, C-COLONY, ARAKU VALLEY, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT BUILSDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, B.0 WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DIRECTOR, B.C. WELFARE, DEPARTMENT, VIJAYAWADA, 4. THE SECRETARY, ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION, NEELADRI TOWERS, 6TH BATTALION ROAD, MANGALAGIRI, ANDHRA PRADESH. 5. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 2 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 topleased to issue appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not approving the petitioner's application and subsequently releasing the scholarship amount to the petitioner that has been granted under the scheme of NTR Videshi Vidyadaran, Financial Assistances for BC Students for pursuing Higher Studies in post Graduate Courses in Foreign Universities from the 2016-17, which was introduced by way of GOMS.No. 29 BC Welfare (B) Department, dated 27.08.2016 issued for providing financial assistance for BC's Students for pursuing higher studies courses in Foreign Universities, the petitioner has made an application for the said scheme and an E- Pass to that effect has been issued in respect of her application dated 01.09.2019 and the subsequent action of the Government in issuance of G.O.Ms.No. 39, dated 11.07.2022 revamping the orientation of whole scheme and revising the guidelines superseding all earlier guidelines in vogue being violative of the Fundamental Rights of the petitioner guaranteed Under Article 14,15,16,19,21 and Art 300-A of the Constitution of India and the said action is against the Doctrine of Legitimate Expectations and Doctrine of Promissory Estoppel and consequently direct the respondent authorities to disburse the scholarship amount in accordance with the scheme and to pass IA NO: 1 OF 2023 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 please to direct respondents consider case of the petitioner and grant the scholarship amount to the petitioner in pursuance of her application in terms of GOMs No. 33 Minorities Welfare (EDM) Department, dated 29.09.2016 and in the light of orders of this Hon'ble court on 9.2.2021 in WP No. 25351 of 2020 pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: 1. PEDDI VIJAYBHASKAR 3 Counsel for the Respondent(S): 1. S PARINEETA 2. GP FOR REVENUE 3. GP FOR SOCIAL WELFARE The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.15917 of 2023 ORDER : This writ petition is filed is declaring the action of the Respondent-authorities in not considering the Petitioner’s application dated 01.09.2019 for pursuing MBBS in Emilio Aguinaldo College Cavite 4114, Phillippines and releasing the scholarship amount granted under the scheme of ‘Overseas Education Scheme’ under G.O.Ms.No.33 Minority Welfare (EDM) Department, dated 29.09.2016 as illegal and arbitrary. 2. Learned counsel for the Petitioner as well as learned standing counsel for the Respondents would submit that the issue involved in this Writ Petition is squarely covered by the order dated 20.04.2026 passed by this Court in W.P.No.36610 of 2022 and batch and requested to pass a similar order in this Writ Petition also. 3. In view of the same, this Writ Petition is also disposed of in terms of the order, dated 20.04.2026 passed by this Court in W.P.No.36610 of 2022 and batch. There shall be no order as to costs. 5 4. Registry is directed to attach the copy of the order, dated 20.04.2026 passed by this Court in W.P.No.36610 of 2022 and batch to this order. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 28.04.2026 KLP