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2026 DAILYLAW 24149 (AP)

SIVAPURAM BALACHANDRA KISHORE v. The State of Andhra Pradesh

WP/24716/2023 · 2026-02-22

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010478482023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24716/2023 Between: 1. SIVAPURAM BALACHANDRA KISHORE, , S/O. GOVINDARAJULU GUPTA AGED ABOUT 55 YEARS, OCC- SMALL BUSINESS R/O. H.NO- 1-73, NIDAMARRU VILLAGE KRUTHIVENNU MANDAL, KRISHNA DISTRICT, A.P.- 521324. PRESENT R/O. NEAR BHEMESWARA SWAMY TEMPLE BHIMAVARAM, WEST GODAVARI DISTRICT, AP- 534201 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, ECONOMICALLY BACKWARD CLASSES WELFARE AND DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI 3. THE DIRECTOR, ECONOMICALLY BACKWARD CLASSES WELFARE AND DEVELOPMENT 2 CORPORATION, STATE OF A.P, VIJAYAWADA, NOW NTR DISTRICT, A.P. 4. THE DISTRICT COLLECTOR, NTR DISTRICT, COLLECTORATE- NTR DISTRICT, VIJAYAWADA, A. P.- 520002 5. THE DISTRICT EBC WELFARE OFFICER, NTR DISTRICT, VIJAYAWADA, A.P ...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 a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the respondent no.s 1 to 5 in not release of the sanctioned amount Rs. 10 lakhs for financial assistance of my son SIVAPURAM VIJAY KUMAR under the scheme of 'VIDESHI VIDYA DARANA for EBCs' Overseas scholarship Application ID No. OV2018117373, which is illegal, arbitrary, and unjust contrary to law and in violation of Article 14, 19 and 21 of Constitution of India and principles of Natural Justice 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 pleased to grant leave me to represent on behalf of my son as her father in this Writ petition IA NO: 1 OF 2026 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 implead proposed petitioner SIVAPURAM VIJAY KUMAR, S/o. 3 KISHORE, Aged about 30 years, Occ: Pursuing Ph.D, R/o. Kaiserslautern University, Pirmasens in GERMANY as 2nd petitioner in the Writ petition no. 24716 of 2023 and I.A.s, and pass Counsel for the Petitioner: 1. PEDDI VIJAYBHASKAR Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR SOCIAL WELFARE The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24716 of 2023 O R DE R: 1. The present Writ Petition is filed questioning the action of the respondent Nos.1 to 5 in not releasing the sanctioned amount Rs.10 lakhs for financial assistance of petitioner’s son Sivapuram Vijay Kumar under the scheme of ‘Videshi Vidya Darana for EBCs' Overseas scholarship Application ID No. OV2018117373, as illegal and arbitrary. 2. The facts leading to filing of this petition are as follows: a. The petitioner is the father of Sivapuram Vijay Kumar, who was selected for an overseas scholarship under the "Videshi Vidya Darana for EBCs" scheme (Application ID No. OV2018117373, dated 08-10-2018) to pursue a Master of Science in Germany. Although the initial application was for university in Hochschule Rhein Wall Kleve Campus North Rhein Wall (Rhein wall University School Kleve Campus North Rhein Wall), the petitioner’s son subsequently secured admission at Hochschule Kaiserslautern University, Pirmasens, which was duly updated in the e-pass website. Thereafter, the 5 petitioner No.1 attended a counseling session in 2019 as petitioner No.2 was studying in Germany and submitted all required documents. The petitioner's son successfully completed his Master of Science degree in Germany on 13-04- 2022. b. Despite receiving a confirmation mail on 24.02.2020 regarding the selection and sanction of Rs.10 lakhs under the scheme, and an onsite vigilance enquiry being completed in 2021, the respondents have not released the funds. Hence, the present Writ Petition is filed. 3. Learned Standing Counsel on instructions submits that the petitioner No.2 is not entitled for financial assistance as he has changed the university without prior permission from the SLSC. 4. Heard the learned counsels. 5. There is no dispute that the petitioner’s son has completed Masters Degree in Hochschule Kaiserslautern University, Pirmasens and the fact that financial assistance was sanctioned for the study in the another university would not be relevant as long as there is no dispute that the petitioner 6 No.2 has completed Masters Degree. Trivial technicalities should come in the way for implementation of welfare measures. 6. Therefore, this Writ Petition is disposed of, with the following directions:- (i) The Respondents are directed to examine the claim of the Petitioner No.2 for re-imbursement of fees under Videshi Vidya Darana Scheme without reference to the change of the college/university within a period of three (03) months from the date of receipt of a copy of this order and pass appropriate orders. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 23.02.2026 RSD 7 124 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24716/2023 Dt. 23.02.2026 RSD