Kamala Institute Of Management Studies vs The State Of Andhra Pradesh & Ors.

The present Writ Petition is filed questioning the action of the Respondents in not releasing the admitted due amount to a tune of Rs.31,52,250/- (Rupees Thirty One Lakhs Fifty Two Thousand Two Hundred and Fifty only), together with interest thereon @ 24% per annum to the Petitioner-College towards reimbursement of the expenditure incurred by them under the 'Reimbursement of Tuition Fee (RTF) scheme' for the academic years 2017-2020.

The facts leading to filing of this writ petition are as follows: The Petitioner is a private unaided 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-College through the social welfare department. For the academic years 2017-2020, the Petitioner-College was allotted students as per the schemes, but the amounts were not credited to the college accounts though there is no dispute with regard to the amount due.

It is further stated that "Jnanabhumi" smart portal was created to streamline the post metric scholarships eco-system vide 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. It is stated that the said portal has all the details of the colleges and the students admitted among other stakeholder details. Vide G.O.Ms.No.81, Social Welfare (Edn.2) Department, dated 07.05.2019 and G.O.Ms.No.115, Social Welfare Department, dated 30.11.2019, the Jnanabhumi portal was modified for better services. It is stated that the amounts due to the colleges under RTF and MTF schemes would be available on this "Jnanabhumi" portal with details of the students.

Learned counsel for the Petitioner submits that in the face of the availability of details of amounts due to the Petitioner-College under the above mentioned schemes, there is no justification to delay the payments.

Learned Government Pleader, on instructions received from the Director of Social Welfare Department, submits that the Petitioner-College has wrongly described the claimed amount as "admitted dues" under the fee reimbursement scheme. It is submitted that the said amount represents only the Petitioner's claim and not admitted dues. The 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 amounts.

Considering the submissions on both sides, this Writ Petition is disposed of, with the following directions:-