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2026 DAILYLAW 2462 (AP)

SAMATHA VIDYANIKETHAN PRIMARY AND HIGH SCHOOL v. THE STATE OF AP

WP/13329/2026 · 2026-05-05

Nyapathy Vijay

body2026

Judgment text

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APHC010255062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13329 OF 2026 Between: 1. SAMATHA VIDYANIKETHAN PRIMARY AND HIGH SCHOOL, Rep by its Correspondent Sri. U. Balachandrudu Bharathamatha Temple Road, Tekke, Nandyal, Kurnool District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF AP, Rep by its Principal Secretary to Government Department of Social Welfare Tulluru, Secretariat Buildings Velagapudi, Guntur District.522238 2. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Department of Tribal Welfare Tulluru, Secretariat Buildings Velagapudi, Guntur District.522238 3. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Finance Department, Tulluru, Secretariat Buildings Velagapudi, Krishna District.522238 4. The Director, Social Welfare Department D. No.4t)-3/1-46-4A, Ward No. 13, Koneru Lakshmaiah Street, Moghalrajpuram, Vijayawada, Andhra Pradesh - 520010 5. The Director, Tribal Welfare Department D. NO.40-3/1-46-4A, Ward No. 13, Koneru Lakshmaiah Street, Moghalrajpuram, Vijayawada, Andhra Pradesh - 520010 2 6. The District SC Welfare and Empowerment Officer, District SC Welfare and Empowerment office, Ponnapuram colony, Nandyal, Nandyal district. Andhra Pradesh- 518501. 7. The District ST Welfare and Empowerment Officer, District ST Welfare and Empowerment Office, Kranthi nagar. Near Ramalayam, Nandyal, Nandyal District, Andhra Pradesh- 518501. ...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 topleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing admitted amounts towards reimbursement of the expenditure incurred by them under the Best Available School scheme of the Government, for the academic years 2024-25 to 2025-26 to a tune of Rs. 17,60,000/- (Seventeen Lakhs Sixty Thousand) and subjecting the Petitioner Institution to suffer, as being arbitrary, iliegal and violating Articles 14, 16 and 21 of the Constitution of India and also in contravention of the G.O. Ms. No. 101 (Social Welfare) Department, Dated 31-05-2008 and consequential Government Orders and consequently direct the Respondents to forthwith release the grant under the Best Available School Scheme for the academic year 2021-22 to 2023- 24 to a tune of Rs. 17,60,000/- (Seventeen Lakhs Sixty Thousand) in favour of the Petitioner Institutions with interest and pass 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 direct the Respondents to forthwith release the grant under the Best Available School Scheme for the academic year 2024-25 to 2025-26 to a tune of Rs.17,60,000/- (Seventeen Lakhs Sixty Thousand) in favour of the Petitioner Institution with interest, pending disposal of the Writ Petition, in the interest of justice and pass Counsel for the Petitioner: SRI VIJAY MATHUKUMILLI Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following order: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13329 of 2026 O R DE R: The present Writ Petition is filed questioning the action of the respondents in not releasing the admitted amounts (i.e. Rs.17,60,000/-) towards reimbursement of the expenditure incurred by them under the ‘Best Available School(BAS)’ Scheme of the Government for the academic years 2024-25 to 2025-26 as illegal and arbitrary. 2. The facts leadings to filing of the present Writ Petition are as follows: The ‘Best Available School Scheme’ was initially introduced vide G.O.Ms.No.95 SW(Q.2), dated 04.10.1995 and was later revised vide G.O.Ms.No.101 SW(EDN.2), dated 31.05.2008. As per the said G.O.s., certain guidelines were framed for the sanction of reimbursement to all ‘Scheduled Caste students studying in recognized ‘Best Available Schools’. 3. It is the case of the Petitioner that the petitioner’s educational institutions admitted the students as recommended by the respondent authorities under the Best Available School (BAS) Scheme and thereby incurred expenditure (Rs.30,000/- for each residential student and Rs.20,000/- for non residential student as a scholar ship, as enhanced by the Government vide G.O.Ms.No.20) and the said expenditure was not reimbursed in accordance with the guidelines envisaged under the above- mentioned G.O.s., which are payable under the Best Available School (BAS) Scheme. Hence, the present Writ Petition has been filed. 4. The learned Assistant Government Pleader on instructions submits that the genuineness of the claim of the petitioner will be verified by the department of ‘JnanaBhumi-Portal’ and only after verification of claims, the 4 amounts can be disbursed. 5. Considering the submissions made, the Writ Petition is disposed of with the following directions: i) The respondent authorities shall examine the claim of the petitioner’s school for the amount due under the ‘Best Available School Scheme’ for the academic years 2024-25 to 2025-26 within a period of eight (08) weeks from the date of receipt of copy of this order. ii) Upon verification and quantification of amount due to the petitioner, the amount would be disbursed to the petitioner within a further period of four (04) months. iii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this case shall stand closed. __________________ NYAPATHY VIJAY, J Date: 06.05.2026 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13329 of 2026 Dt. 06.05.2026 eha