High CourtsSingle Bench(2022) 06 AP CK 0045

Boorlu Manohar Sai Kumar vs State Of Andhra Pradesh & Others

Andhra Pradesh High Court · Decided on 28 June 2022

HON’BLE JUDGES
K.Suresh Reddy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 15257 Of 2022

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Judgment

8 paragraphs · 601 words

K.Suresh Reddy, J

1.

This Writ Petition is filed under Article 226 of the Constitution of India, by the petitioner to issue a Writ, order or direction more particularly one in nature of Writ of Mandamus, to declare the action of the respondents in not releasing balance scholarship amount in Rc.No.1364/SD/2018, dated 27.09.2018 under scheme of A.P. State Kapu Welfare and Development Corporation vide Videshi Vidya Deevena Phase-1/2018-Inpite of completion of MS in the University of Missouri, Kansas City, Missouri State, USA, as illegal and arbitrary and consequential direction to the respondents to release the balance Scholarship amount of Rs.5,00,000/- to the petitioner.

2.

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Social Welfare as well as learned Assistant Government Pleader for Finance appearing for the respondents. With their consent, the writ petition is being disposed of at the admission stage.

3.

Learned counsel for the petitioner submits that the petitioner joined in MS in University of Missouri, Kansas City, Missouri State, USA. Pursuant to the notification issued by respondents inviting applications from the eligible students and in view of the financial capacity and backwardness of his parents, the petitioner made an application vide No.OV2018115260 through his parents for scholarship under the scheme of A.P. State Kapu Welfare and Development Corporation vide Videshi Vidya Deevena Phase-1/2018. At that time, the petitioner is pursuing MS course in USA. His study certificates were physically verified by State High level screening committee in the presence of Kapu Corporation Officials and conducted interview as to his eligibility for sanction of financial assistance of Rs.10.00 lakhs towards scholarship to pursue his education at abroad. Thereafter, the petitioner was sanctioned a sum of Rs.10,00,000/- as scholarship in two installments @ Rs.5,00,000/- each, vide proceedings in Rc.No.1364/SD/2018, dated 27.09.2018. Later, out of two installments, one installment of Rs.5,00,000/- credited to his bank account during his course and he has to get second installment of Rs.5,00,000/-.

4.

Basing on the assurance of the respondent Corporation, the parents of the petitioner secured the money from private money lenders at higher rate of interest and paid his second year fee. Though, the petitioner completed the course in USA, till now, the respondent Corporation did not release the balance scholarship. Petitioner made several representations to the authorities for the release of scholarship amount. After continuous negotiations, the application for sanction of the scholarship amount was processed and sent to the treasury department and they put up a file in the name of ‘pending at CFMS Students list’. Thereafter, till date, there was no information and the amount is not paid. Therefore, the action of the respondents in not releasing the scholarship amount, having sanctioned the same, is illegal, arbitrary and violative of provisions and guidelines of A.P State Kapu Welfare and Development Corporation.

5.

Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material on record, this Court found that non-payment of balance scholarship amount having sanctioned the same in the year 2018 even after completion of the course by the petitioner is illegal, arbitrary and violative of Articles 14 & 21 of the Constitution of India. Therefore, this Court, in the interests of justice, felt it appropriate to dispose of the writ petition directing the respondents to pay the balance sanctioned scholarship amount of Rs.5,00,000/-(Second installment), within a period of eight (08) weeks from the date of receipt of a copy of this order.

6.

With the above direction, the writ petition is disposed of.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.