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2026 DAILYLAW 9481 (AP)

PRABHATH INSTITUTE OF BUSINESS MANAGEMENT v. The State of Andhra Pradesh

WP/25324/2026 · 2026-09-07

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010453172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25324/2026 Between: 1. PRABHATH INSTITUTE OF BUSINESS MANAGEMENT, PARNAPALLI VILLAGE, BANDI ATMAKUR MANDAL, NANDYAL, KURNOOL DISTRICT, REP BY ITS SECRETARY AND CORRESPONDENT, SRI BATCHU BHARATA SARADHI BABU, S/O BATCHU SATYANARAYANA, AGED ABOUT 53 YEARS, R/O FLAT NO 105 AND 106, 25 547 15, SRINIVASA TOWERS, SRINIVASA NAGAR, NANDYAL, NANDYAL DISTRICT 518501 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522237 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522237 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522237 4. THE COMMISSIONER, SOCIAL WELFARE DEPARTMENT, OPP MANIPAL HOSPITAL, NH 16 SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT 522501 2 ...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 toIssue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the admitted due amounts to the petitioner institution to a tune of Rs 29 41 250 Rupees Twenty Nine lakhs forty one thousand two hundred and fifty only towards reimbursement of the expenditure incurred by the petitioner under the Reimbursement of Tuition Fee RTF Scheme for the academic years 2017 18 to 2020 21 for the obvious reasons as being arbitrary illegal null and void against norms of public policy and principles of natural justice and violative of Articles 14 16 19 and 21 of the Constitution of India and also in contravention of the G O Ms No 81 Social Welfare Department dated 07 05 2019 and G O Ms No 115 Social Welfare Department dated 30 11 2019 and to issue a consequential direction directing the respondent authorities to release the admitted amount to a tune of Rs 29 41 250 towards Reimbursement of Tuition Fee RTF for the academic years 2017 18 to 2020 21 to the petitioner institution together with interest therein at 24 percent per annum 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 direct the respondent authorities to release the admitted amount to the tune of Rs.29,41,250/- (Rupees Twenty Nine lakhs forty one thousand two hundred and fifty only) towards Reimbursement of Tuition Fee (RTF) for the academic years 2017-18 to 2020-21 to the petitioner institution together with interest therein @ 24% per annum, pending disposal of the above writ petition Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. GP FOR SOCIAL WELFARE 3. GP FOR FINANCE PLANNING 3 The Court made the following Order: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: "to issue an appropriate writ, more in the nature of Writ of Mandamus declaring the action of the Respondents In not releasing the admitted due amounts to the Petitioner Institution towards reimbursement of the expenditure incurred by them under the “Reimbursement of Tuition Fee (RTF)scheme for the academic years 2017-21 for obvious reasons as being arbitrary, illegal and violating Articles 14, 16, 19 and 21 of the Constitution of India and also in contravention of the G.O.Ms.No.81, Social Welfare Department Dated 07.05.2019 and G.O.Ms.No.115 Social Welfare Department Dated 30.11.2019 consequential Government Orders and consequently direct the Respondents to release the admitted amount to a tune of Rs.29,41,250/-towards Reimbursement of Tuition Fee (RTF) for the academic years 2017-21 to the Petitioner Institution together with Interest thereon 24 percent per annum and pass such other order or orders..’’ 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is a private unaided college and the students who are eligible for scholarship are admitted in the petitioner institution. He further submits that the Government of Andhra Pradesh with the aid of the Central Government paved a way to reimburse the tuition fee under the head of RTF (Reimbursement of Tuition Fee) scheme through the department of Social Welfare. He further submits that due to change of Administration in the State, the subject scholarship scheme is reformed/ modified and the scholarship amounts both RTF and MTF amounts are now reimbursed and credited to the 4 accounts of the student’s mothers. But, this particular change in the scheme/policy came into force from 2020. He further submits that though the scheme is reformed/ modified or taken away, the petitioner is entitled for amount of Rs.29,41,250/- towards Reimbursement of Tuition Fee (RTF). But, no payment is being made till date. Therefore, such non-payment of dues is clearly arbitrary and high-handed requiring the interference of this Court. 4. The learned Government Pleader for the respondents submits that the respondents are ready to pay the amounts as entitled by the petitioner within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.29,41,250/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 08.09.2026 RJS 5 HON’BLE SRI JUSTICE HARINATH.N W.P.NO.25324 of 2026 Dt: 08.09.2026 RJS