Andhra Pradesh High Court - Amravati
La Excellence Ias vs The State Of Andhra Pradesh on 30 August, 2022
THE HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION NO.11770 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.1,18,45,000/- for
training 103 Economically Backward Classes (EBCs) students
for Civil Services Examination during the 2018-19 financial year
under NTR Vidyonnathi scheme, now changed as "YSR
Vidyonnathi scheme, as illegal, arbitrary and consequently
direct the respondents to pay dues of Rs.1,18,45,000/- to the
petitioner for the said training under the said scheme to the 103
Economically Backward Classes (EBCs) 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 103 Economically Backward Classes (EBCs) 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.1,18,45,000/- towards the fees for the coaching of 103
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 9 of the said counter affidavit reads as follows:-
"The Director, BC Welfare had addressed the
Government in BC Welfare Department on 26.10.2021 vide
Lr.Rc.No.B/2447/201, dated 26.10.2021, to modify the
scheme name as YSR Vidyonnathi to EBC students and also
requested to issue a revised BRO & Administration Sanction
towards clearing the pending institutional fee to institutes
under Vidyonnathi scheme. As soon as the budget is
received from the Government the pending due of
Rs.1,06,60,500/- will paid to La Excellance institute for
training 103 Economically Backward Classes (EBC) Students
for Civil Services Examination during the FY 2018-19 under
Vidyonnathi Scheme."
4. As seen from the above stand taken by the
Government that an amount of Rs.1,06,60,500/- is due to
the petitioner but not Rs.1,18,45,000/-. As seen from the
above paragraph in the counter affidavit, the respondents have
admitted that an amount of Rs.1,06,60,500/- 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.1,06,60,500/-
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.11770 OF 2022
Dated:30.08.2022
GPJ
