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2026:APHC:21029

APHC010709662022 IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WPNos.41874, 42033, 42052, 42071 of 2022, 1218,1376, 8769 of 2023, 11002, 11062, 31027, 31037, 31050, 31248 of 2024

WRIT PETITION NO: 41874 OF 2022 Between:

1. JAGANS DEGREE AND P.G. COLLEGE, Rep by its Correspondent Sri. Sure V Madhusudhan Reddy 2nd Lane,

Ramalingapuram, SPSR Nellore District, Andhra Pradesh.

...Petitioner AND

1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary Social Welfare Department, Tulluru, Secretariat

Buildings Velagapudi, Krishna District

2. The State of Andhra Pradesh, Rep by itsPrincipal Secretary Finance Department, Tulluru, Secretariat Buildings Velagapudi,

Krishna District

3. The Director, Social Welfare Department, Government of Andhra Pradesh Velagapudi, Krishna District, Andhra Pradesh.

...Respondents Petition under Article 226 of the Constitution of India praying

that in the circumstances stated in the affidavit filed therewith, the

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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 the admitted due amounts to the Petitioner Institutions towards reimbursement of the expenditure incurred by them under the 'Reimbursement of Tuition Fee (RTF) scheme' for the academic year 2016-17 to 2020-21 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 GO Ms No. 115, Social Welfare Department, Dated. 30-11-2019 and consequential Government Orders,and consequently direct the Respondents to release the admitted amount to a tune of Rs.64,45,500/- towards Reimbursement of Tuition Fee (RTF) for the academic years 2016-17 to 2020-21 to the Petitioner institution together with

interest thereon @ 24percent per annum and issue 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 pleased to direct the Respondents to release the admitted amount to a tune Rs.64,45,500/- towards Reimbursement of Tuition Fee (RTF) for the academic years 2016-17 to 2020-21 to the Petitioner institution together with interest thereon @ 24% per annum, pending disposal of the Writ Petition, in the interest of justice and

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.41874 of 2022 in the interest

of justice and may be pleased to pass Counsel for the Petitioner: SRI VIJAY MATHUKUMILLI

Counsel for the Respondents: GP FOR FINANCE PLANNING Counsel for the Respondents:ADDL ADVOCATE

GENERAL The Court made the following Common Order:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WPNos.41874, 42033, 42052, 42071 of 2022, 1218,1376, 8769

of 2023, 11002, 11062, 31027, 31037, 31050, 31248 of 2024

COMMON ORDER:

When the matter is taken up for hearing, Sri Vijay

Mathukumilli, learned counsel for the Petitioners, submits that after filing of the Writ Petitions, certain amounts were paid and 25% of the outstanding dues were denied on the ground that the Petitioners had given an undertaking waiving 25% of the amounts

due to them.

2. Learned counsel for the Petitioners submits that the said undertaking was obtained under certain conditions, which make the same unenforceable, and further submits that the Petitioners intend to file a separate Writ Petition questioning the enforceability of the undertaking given by the Petitioners on legal and factual aspects. He further submits that as the cause of action has altered, the Petitioners intend to withdraw the Writ Petition and file an independe