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2026 DAILYLAW 26457 (AP)

ALLAGADDA INSTITUTE OF MANAGEMENT SCIENCE v. THE STATE OF ANDHRA PRADESH

WP/37473/2022 · 2026-03-11

Nyapathy Vijay

body2026

Judgment text

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APHC010625952022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 37473/2022 Between: 1. ALLAGADDA INSTITUTE OF MANAGEMENT SCIENCE, REPRESENTED BY ITS CORRESPONDENT SHALK SHAREEF, S/O PEDDA MAHABOOB SAHEB, AGED 69 YEARS, R/O. 9-17-1/C, VISWAROOPA COLONY, ALLAGADDA TOWN AND MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 3. THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT, THE STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. 2 4. THE SECRETARY, ANDHRA PRADESH STATE COUNCIL FOR HIGHER EDUCATION, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 5. THE SECRETARY, ANDHRA PRADESH HIGHER EDUCATION REGULATORY AND MONITORING COMMISSION AT MAHINDRA ENCLAVE, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. 6. THE SPECIAL COMMISSIONER OF TECHNICAL EDUCATION, ANDHRA PRADESH AT VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH ...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing pending fee reimbursement for the academic years 2017-2018, 2018-2019 and 2019-2020 with the petitioner college of an amount of Rs.41,24,250/- as per G.O.Ms. No. 49 Higher Education (EC) Department dated 28.07.2016 and G.O.Ms. No. 2 Higher Education (EC) Department dated 18.01.2021 as illegal, arbitrary and also oppose to all cannons of justice and consequentially direct the respondents to release the pending fee reimbursement dues for the academic years 2017-2018, 2018-2019 and 2019- 2020 with the petitioner college forthwith and to pass IA NO: 1 OF 2022 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 be pleased to direct the respondents to release the pending fee reimbursement dues of Rs.41,24,250/- for the academic years 2017-2018, 2018-2019 and 2019-2020 with the petitioner college forthwith pending disposal of the above writ petition and pass 3 Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. ADDL ADVOCATE GENERAL The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.37473 of 2022 O R DE R: The present Writ Petition is filed questioning the action of the Respondents in not releasing the admitted due amount to a tune of Rs.41,24,250/- (Rupees Forty One Lakhs Twenty Four Thousand Two Hundred and Fifty only), to the Petitioner/Institution towards reimbursement of the expenditure incurred by the Petitioner/Institution under the 'Reimbursement of Tuition Fee (RTF) Scheme' for the academic years 2017-18, 2018-19, and 2019-20, as illegal and arbitrary. 2. The facts in brief are as follows: The Petitioner is a private un-aided college. In order to promote academic education in the State, State Government had introduced a scheme originally titled as „Right to Tuition Fee(RTE)‟ and „Maintenance Fee of Student (MTF)‟ through the Social Welfare Department. The students are allotted to the Petitioner/Institution through the Social Welfare Department. For the academic years 2017-18, 2018-19, and 2019-20, the Petitioner/Institution was allotted students as per the scheme, 5 but the amounts were not credited to the college account, though there is no dispute with regard to the amount due. 3. It is further stated that “Jnanabhumi” smart portal was created to streamline the post metric scholarships eco-system vide G.O.Ms.No.45, Social Welfare (Edn.2) Department, dated 09.06.2017 and the said portal has all the details of the colleges and the students admitted among other stakeholder details. Thereafter, the “Jnanabhumi” portal was modified for better services vide G.O.Ms.No.81, Social Welfare (Edn.2) Department, dated 07.05.2019. It is further submitted that the amounts due to the colleges under „RTF‟ and „MTF‟ schemes would be available on this “Jnanabhumi” portal with details of the students. 4. Learned counsel for the Petitioner/Institution submits that in the face of the availability of details of amounts due to the Petitioner/Institution under the above mentioned schemes, there is no justification to delay the payments. 5. Learned Government Pleader, on instructions received from the Director of Social Welfare Department vide letter dated 26.11.2025, submits that the Petitioner/Institution has 6 wrongly described the claimed amount as “admitted dues” under the „Fee Reimbursement Scheme‟. It is further submitted that the said amount represents only the Petitioner/Institution‟s claim and not admitted dues andthe dues are calculated strictly in accordance with the data available on the “Jnanabhumi” portal, which is the online platform for registration of applications, verification, processing, and release of Fee Reimbursement Amount. 6. Considering the submissions on both sides, this Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to examine the claim of the Petitioner/Institution as per the “Jnanabhumi” portal within a period of eight (08) weeks from the date of receipt of a copy of this order. (ii) On verification, the amount due to the Petitioner/Institution shall be paid to the Petitioner/Institution within a period of three (3) months thereafter. (iii) There shall be no order as to costs. 7 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 12.03.2026 chs 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 149 WRIT PETITION NO: 37473/2022 Dt. 12.03.2026 chs