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Andhra High Court · body

2011 DIGILAW 1145 (AP)

P. Chenchuramaiah v. Govt. of Andhra Pradesh, rep. by its Prl. Secretary, Social Welfare Department, Hyderabad

2011-12-13

C.V.NAGARJUNA REDDY

body2011
ORDER C.V. NAGARJUNA REDDY, J. 1. In this batch of Writ Petitions, the issue of entitlement of the petitioners for various fee reimbursements mentioned in the prayers of the writ petitions for the year 2010-2011 is involved. it is not in dispute that the petitioners hold community certificates showing them as belonging to Samban caste. It is also not in dispute that as per the Constitution (Scheduled Caste) Order, 1950, Samban caste is listed as a scheduled caste. As per the Government Orders, the scheduled caste students are entitled to fee reimbursement, subject to the conditions stipulated from time to time by respondent No. 1. The only ground on which the petitioners are denied the reimbursement for various degree courses is that on certain representations, the State Government has initiated proceedings for reviewing the community certificates issued in favour of some individuals. 2. As rightly submitted by Sri D.V. Nagarjuna Babu, learned counsel for the petitioners, so long as the petitioners community certificates are in force, they cannot be denied the benefit of fee reimbursement in terms of various Government Orders, the existence of which is not in dispute. It has come out that in pursuance of the interim orders granted by this Court, the fee reimbursement was made during the first year. 3. In the absence of any legal bar, I do not find any reason whatsoever to deny the petitioners the benefit of the reimbursement so long as the community certificates issued in their favour remain in tact. 4. In this view of the matter, these Writ Petition are allowed as prayed for. As a sequel, all the interlocutory applications shall stand disposed of as infructuous.