La Excellence Ias, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5814 AP

      THE HON'BLE SRI JUSTICE K. SURESH REDDY

             WRIT PETITION NO.11807 OF 2022


ORDER:-

      The    petitioner filed the present writ petition with the
following relief:-

       "Writ, Order or Direction, more particularly in the
nature of Writ or Mandamus declaring the action of the
respondents in not paying of dues of Rs.1,59,85,000/- for

training 139 Backward Classes (BCs) students for Civil Services Examination during the 2018-19 financial year under NTR Vidyonnathi scheme, now changed as "YSR Vidyonnathi scheme, despite the bill has been raised on 15.02.2022, is illegal, arbitrary and consequently direct the respondents to pay dues of Rs.1,59,85,000/- to the petitioner for the said training under the said scheme to the 139 Backward Classes (BCs) students, along with 12% interest till the date of payment."

2. The petitioner is a private coaching institution

under the name and style of "La Excellence IAS, Hyderabad.

About 139 Backward Classes (BCs) students have taken

coaching for Civil Services Examination during the 2018-19

financial year, under NTR Vidyonnathi scheme, now changed

as "YSR Vidyonnathi scheme, in the petitioner's institution.

As such, the respondents have to pay an amount of

Rs.1,59,85,000/- towards the fees for the coaching of 139

Backward Classes (BCs) students.

3. After notice was served, the learned Government

Pleader for Social Welfare filed a counter affidavit on behalf of

respondent Nos.2,3 and 5, who are the answering

respondents. For better appreciation of facts of the case,

paragraph 10 of the said counter affidavit reads as follows:-

"Based on our request i.e., Director of BC Welfare, an additional Budget of Rs.9,27,00,000/- was released by the Finance Department to clear the pending bills for 2018-19 for BC Students under the scheme of YSR Vidyonnathi vide GO Rt.No.4276 of Finance (FMU-Welfare-II)Dept., Dt.05.10.2021. Consequently, Government in BC Welfare provide Administrative Sanction for an additional Budget of Rs.9,27,00,000/- vide G.O.Rt.No.122, Backward Classes Welfare (C) Dept., dt.18.10.2021. In pursuance of the above orders, the O/o Director, BC Welfare vide Memo No.B/2447/2018 Dt:05.01.2022 instructed the Director, AP Study Circle for BC's, Guntur to pay the pending Institutional fee dues to all the empanelled Institutions. Consequently, bill of Rs.1,43,86,500/- prepared towards payment of Institutional fee to the La Excellence institute was presented in CFMS portal with PD disbursement Bill No.2021-2575139 on 15.02.2022. This bill was approved by Finance and a bill number 2022-202809 allocated for the FY 2022-23.The bill allocated by Finance department was cancelled because of a technical issue while presenting the salary bills for the staff of AP Study Circle for BC's. Hence, a fresh bill of Rs.1,43,86,500/- prepared towards payment of Institutional fee to the La Excellence institute was presented in CFMS portal with PD disbursement Bill No.2022-696620. The present status of the bill number 2022-696620 is "Approved" in CFMS on 06-06-2022 and pending before Finance Department."

4. As seen from the above stand taken by the

Government that an amount of Rs.1,43,86,500/- is due to

the petitioner but not Rs.1,59,85,000/-. As seen from the

above paragraph in the counter affidavit, the respondents have

admitted that an amount of Rs.1,43,86,500/- is due to the

petitioner and they will pay the said amount to the petitioner as

soon as the budget is allocated from the Government. In that

view of the matter, the present writ petition can be disposed of

on the above said admission.

5. This Court, in various orders, including the

judgment of a learned Single Judge of this Court dated

05.10.2021 in W.P.No.10038 of 2021 and batch had taken the

view that such non-payment of dues is arbitrary and that such

dues need to be cleared by the respondents at the earliest.

6. In that view of the matter, the present writ

petition is disposed off at the stage of admission directing the

respondents to pay the admitted amount of Rs. 1,43,86,500/-

to the petitioner at the earliest, at any rate within a period of

eight(08) weeks from the date of receipt of a copy of this order.

It would also be open to the petitioner to agitate his claim for interest, if any payable by the respondents, in an appropriate

forum. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending

shall stand closed.

_______________________ K. SURESH REDDY, J 30.08.2022 GPJ HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION NO.11807 OF 2022 Dated:30.08.2022

GPJ