APHC010195152023 IN THE HIGH COURT OF ANDHRA PRADESH [3460]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10041/2023 Between:

1. M ARK EDUCATIONAL INSTITUTION SOCIETY GROUP OF INSTITUTION (INTEGRATED CAMPUS), ST.MARK CAMPUS, BELLARY ROAD, RACHANAPALLY, ANANTAPUR, REP. BY ITS SECRETARY K.CHIRANJEEVI REDDY, S/O.(LATE) K.KONDA REDDY, ST.MARK CAMPUS, BELLARY ROAD, RACHANAPALLY, ANANTAPUR. ...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, B.C.WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

3. T HE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, S.C.WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

4. T HE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, S.T.WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

5. T HE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

6. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT ...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 order or direction or Writ more particularly one in the nature of Writ of Mandamus by declaring the inaction of the respondents in paying the Fee Reimbursement amount for the M.B.A. and M.Tech Courses for the batches of 2017-2018, 2018-2019, 2019-2020 and 2020-2021 to the petitioner Institution as arbitrary and illegal and consequently direct the respondents to forthwith release and pay Rs.1,25,19,250/- to the petitioner and towards Fee Reimbursement amounts for the academic years 2017-2018, 2018-2019, 2019-2020 and 2020-2021 for the M.B.A. and M.Tech Courses, pending disposal of Writ Petition and to pass 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 direct the Respondents to pay Rs.1,25,19,250/- to the petitioner towards Fee Reimbursement amounts for the batches of 2017-2018, 2018-2019, 2019-2020 and 2020-2021 and to pass IA NO: 1 OF 2024 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 to file the Counter Affidavit in W.P.No.10041 of 2023 in the interest of justice and may be pleased to pass Counsel for the Petitioner:

1. C PRAKASH REDDY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR HIGHER EDUCATION

3. ADDL ADVOCATE GENERAL The Court made the following:

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.10041 of 2023

O R D E 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.1,25,19,250/- (Rupees One Crore Twenty Five Lakhs Nineteen 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, 2019-20 and 2020-21, 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