Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 55434 (AP)

SHAIK NAZEEMUNNISA v. THE STATE OF ANDHRA PRADESH

WP/23377/2025 · 2025-11-23

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010447512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23377 OF 2025 Between: 1. SHAIK NAZEEMUNNISA, D/o Zahurullahkhadri, Aged around 24 Years, R/o 3-8-64, Ramalayam Street, Allagadda, Kurnool, Andhra Pradesh . ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Minorities welfare Development, Secretariat, Velagapudi, Amaravati 2. The State of Andhra Pradesh, Represented by its Special Chief Secretary Finance and Planning Department, Secretariat, Velagapudi, Amaravati. 3. The Commissioner of Minority Welfare, Andhra Pradesh, Amaravati 4. The District Collector, Anakapalle District 5. The District Minority Welfare Officer, Anakapalle District, Andhra Pradesh. ...Respondents 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 one in the nature of the writ of MANDAMUS declaring the action of the Respondents in not releasing the scholarship installment of Rs. 1,74,500/- (Rupees One Lakh SRK, J W.P.No.23377 of 2025 2 Seventy Four Thousand Five Hundred Only) payable to the Petitioner herein under Post Metric Scholarship (Refundable Tuition Fee) scheme (previously Jagananna Vidya Deevana) for the 1 Year LLM academic year 2023-24 as arbitrary, illegal, unjust, contrary to GoMs No. 115 Social Welfare (EDN) Department dated 30.11.2019 and GoMs. No. 28 Social Welfare (EDN) Deparment dated 16.06.2020 besides being violative of the fundamental rights of the Petitioner herein guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the Respondents herein to forthwith release the scholarship instalment of Rs. 1,74,500/- (Rupees One Lakh Seventy Four Thousand Five Hundred Only) under Post Metric Scholarship (Refundable Tuition Fee) scheme for the 1 Year LLM academic year 2023-24, within the time period as this Hon'ble Court may fix in the interests of justice. Counsel for the Petitioner: SHAIK MD UMAR ABDULLAH Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents:GP FOR FINANCE PLANNING SRK, J W.P.No.23377 of 2025 3 The Court made the following ORDER: Grievance of the petitioner in the present Writ Petition, is that despite sanction of funds by the Government, the respondents are not releasing the scholarship installment of Rs.1,74,500/- to him under Post Metric Scholarship (refundable tuition fee) scheme (previously Jagananna Vidya Deevena) for First Year LLM for the Academic Year 2023-24. 2. Today, when the matter came up for admission, it is submitted by the learned counsel for the petitioner, and acceded to, by the learned Assistant Government Pleader, that the subject matter of this Writ Petition is squarely covered by the order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023, wherein this Court held thus. “3. While making the above submissions, the learned counsel for the petitioner had also drawn the attention of this Court to the order of a learned Judge of this Court in W.P.No.21305 of 2023, dated 29.8.2023. On the other hand, learned Assistant Government Pleader for Social Welfare, on the basis of the communication dated 02.11.2023 addressed by the 3rd respondent, made his submissions. 4. As seen from the said communication, which is made part of the record, it is discernible that there is no dispute with regard to the petitioner’s son pursuing Post Graduation Course of Masters in Information Technology and SRK, J W.P.No.23377 of 2025 4 Systems from the University of Tasmania, Australia. It would further appear that the verification of documents was completed and the petitioner’s son is eligible for financial assistance, in view of the report submitted by the Vigilance and Enforcement Department. But it takes three months’ time for completing the process of making payment of the amount (for receipt of budget from the Government and for sanction of the amount). 5. This Court, considering the submissions made and the object of the Government in issuing the above referred Government Orders, is of the opinion that any unreasonable delay on the part of the respondent Authorities, is not just or tenable more particularly in the light of the averments made in Paragraph No.8 of the writ affidavit and results in irreparable prejudice to the petitioner. The grievance of the writ petitioner is well founded.” 3. Learned Assistant Government Pleader appearing for respondents produced copy of written instructions submitted by the Commissioner of Minority Welfare, wherein it is stated that the petitioner is eligible for Post Metric Scholarship (reimbursement of tuition fee) Scheme and out of the total sanctioned amount of Rs.2,18,000/- an amount of Rs.43,500/- was released and credited to the account of petitioner’s mother and the balance amount would be released on receipt of budget from the Government. The said written instructions are placed on record. SRK, J W.P.No.23377 of 2025 5 4. Hence, in view of the written instructions and following the said order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023 and for the reasons mentioned therein, this Writ Petition is disposed of, with a direction to the respondents to release the Scholarship installment amount of Rs.1,74,500/- (Rupees one lakh seventy four thousand and five hundred only) to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:24.11.2025 Nsr SRK, J W.P.No.23377 of 2025 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.23377 of 2025 Date:24.11.2025 Nsr