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2026 DAILYLAW 16324 (AP)

Kum.Yelamanchili harshini v. The State of Andhra Pradesh

WP/3637/2021 · 2026-03-09

Nyapathy Vijay

body2026

Judgment text

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APHC010058212021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 3637/2021 Between: 1. KUM.YELAMANCHILI HARSHINI, REP BY HER FATHER Y. RATNA MOHANARAO, AGE 10 YEARS, 4TH CLASS, OCC STUDENT, KOTHAPETA MANDAL, BILLA KURU, EAST GODAVARI DISTRICT, ANDHRA PRADESH 2. MR. RAVANAPU NAGA SURYA MAHIDAR, REP BY HIS R NAGESWARARAO AGE 7 YEARS, OCC. STUDENT, 2ND CLASS, GUDIVADA, KRISHNA DISTRICT, ANDHRA PRADESH - 533450 3. KUM. PEETHALA SMILY, REP BY HER CHANTIYYA AGE 10 YEARS, OCC. STUDENT, 4TH CLASS, PEDDAPURAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH 4. KUM. MUTHABATHULA LASYA PRIYA, REP BY HER FATHER VENKATESWARARAO AGE 10 YEARS, 4TH CLASS, AMBAJIPETA MANDAL, NANDAMPUDI, EAST GODAVARI DISTRICT, ANDHRA PRADESH 5. KUM.YELAMANCHILI HARSHINI, REP BY HER FATHER Y. RATNA MOHANARAO, AGE 10 YEARS, 4TH CLASS, OCC. STUDENT, KOTHAPETA MANDAL, BILLA KURU, EAST GODAVARI DISTRICT, ANDHRA PRADESH 6. KUM.DEVADASU ASWINI SAI SANKEERTHANA, REP BY 2 HIS FATHER RAMESH AGE 9 YEARS, OCC. STUDENT, 3RD CLASS, KAMANAGARUVU, AMALAPURAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH 7. MR. MOSUGANTI AARADHYA, REP BY HIS GOPALAKRISHNA M AGE 9 YEARS, OCC. STUDENT, 3RD CLASS, INDUPALLI, AMALAPURAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533221 8. KUM. DUKKUPATI MAHI DEEPTHI, REP BY HER SUNITHA AGE 8 YEARS, OCC. STUDENT, 2ND CLASS, KATRENIKOTA MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533212 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT SECRETARIAT, TULLUR, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TRIBAL WELFARE DEPARTMENT BLOCK -III, 1ST FLOOR, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT ANDHRA PRADESH - 522503 3. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT T.G. PLAZA, 3RD FLOOR, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH - 522501. 4. THE DIRECTOR, TRIBAL WELFARE DEPARTMENT D. NO.40-3/1-46-4A, WARD NO. 13, KONERU LAKSHMAIAH STREET, MOGHALRAJPURAM, VIJAYAWADA, ANDHRA PRADESH - 520010. 5. THE DEPUTY DIRECTOR, RAMPACHODAVARAM, RAJAHMUNDRY RD, RAMPACHODAVARAM, ANDHRA PRADESH - 533288 3 6. THE DISTRICT COLLECTOR, RAMA RAO PETA, KAKINADA, ANDHRA PRADESH 533001 ...RESPONDENT(S): 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 an appropriate writ more in the nature of Writ of Mandamus declaring the Memo issued by the 3rd Respondent, Director vide proceedings No.SOW02- 16027/13/2020-JD-C and D2 SEC - COSW dated 28.09.2020 and consequential proceedings vide No. SOW02-16027/13/2020-JD-C and D2 SEC-COSW, Dated 20-01-2021 whereby and where-under, the existing scheme under the name and style 'Best Available School (BAS for short) is sought to be discontinued with retrospective effect and renewing the students of only 9th and 10th classes with a view to merge the same under Naadu Needu program proposed by the Govetw.ment in the recent past, which is yet to be materialized, thereby showing discrimination towards the students belonging to the downtrodden and underprivileged class viz., Scheduled Caste and Scheduled Tribe in the State as being arbitrary, illegal and violative of Articles 14, 19 and 300-A of the Constitution of India and consequently direct the Respondent authorities not to shift the Petitioner students who are already admitted and studying under BAS Scheme from their respective institutions till they completed their schooling, pending Writ Petition, in the interest of justice and pass IA NO: 1 OF 2021 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 pleased to direct the Respondent authorities not to shift the Petitioner students who are already admitted and studying under BAS Scheme from their respective institutions till they completed their schooling, pending Writ Petition, in the interest of justice and pass IA NO: 2 OF 2021 4 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 pleased to suspend the Memo issued by the 3rd Respondent Director vide proceedings No.SOW02-16027/13)2020-JD-C and D2 SEC - COSW dated 28.09.2020 and consequential proceedings vide No. SOW02- 16027/13/2020-JD-C and D2 SEC-COSW, Dated 20-01-2021, pending Writ Petition, in the interest of justice and pass Counsel for the Petitioner(S): 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. ADDL ADVOCATE GENERAL (AP) The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.3637 of 2021 ORDER: 1. At the time of hearing, learned counsel for the Petitioners submits that the cause in the present Writ Petition does not survive for adjudication and it has become infructuous. In that view, no orders are required to be passed. 2. Therefore, the Writ Petition is dismissed, as infructuous. 3. No order as to costs. 4. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.03.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 75 WRIT PETITION No.3637 of 2021 Date: 10.03.2026 chs