Dvpra Up School vs The State Of Andhra Pradesh
2022 Latest Caselaw 4053 AP

                      HON'BLE SRI JUSTICE M. GANGA RAO


                        WRIT PETITON No.21113 of 2022



     ORDER:

When the matter is taken up for hearing, it is submitted by learned

counsel for petitioners that the issue in the present writ petition is

squarely covered by the order of the High Court of Judicature at

Hyderabad for the State of Telangana and the State of Andhra Pradesh,

dated 30.09.2016 passed in WP No.3449 of 2003, wherein a learned

Single Judge allowed the writ petition. A copy of the said order is placed

on record as a material paper. The relevant Paragraphs 21 and 22 of the

Judgment read thus:

"21. In any view of the matter, the contention of the learned Government Pleader is that the petitioner is not entitled to maintenance grant in view of G.O.Ms.No.320, which was struck down by this Court in the judgments referred supra. Even otherwise, the discriminatory attitude of the Government giving concession to one educational institution and denying benefit to the petitioner's educational institution cannot be encouraged by the Courts, since it is arbitrary and discriminatory in not releasing grant-in-aid to the petitioner's association whose object is to provide free education. In those circumstances, this Court has no option except to hold that the inaction of the respondents is arbitrary in not releasing the maintenance grant-in-aid to the petitioner's educational institution and consequently, I hold that the petitioner is entitled to all the benefits as decided in Recognised Schools Managements Associations case. Hence, the respondents are directed to work out maintenance grant @ 6% and arrange to pay the same within a period of three months from the date of receipt of copy of this order to the petitioner's educational institution, on par with other schools.

22. With the above direction, the writ petition is allowed."

It is also brought to the notice of this Court that the matter is

carried in appeal in WA No.1296 of 2016 and a Division Bench dismissed

the same by order dated 03.08.2018 confirming the order passed by the

learned Single Judge in WP No.3449 of 2003. A copy of the same is

placed on record as a material paper. It is also brought to the notice of

this Court that the Special Leave to Appeal (C) No.31292 of 2018 preferred before the Hon'ble Apex Court against the order dated

03.08.2018 in WA.No.1296 of 2016 is also dismissed by order dated

14.12.2018. A copy of the said order is also placed on record as a

material paper.

In view of the same, the Writ Petition is allowed in terms of the

above said orders. No costs.

Miscellaneous Petitions, if any, pending in this writ petition shall

stand closed.

Registry is directed to enclose a copy of the order dated 30.09.2016

passed in WP No.3449 of 2003 and a copy of the order dated 03.08.2018

passed in WA No.1296 of 2016.

_______________ M. GANGA RAO, J 18.07.2022 Vjl HON'BLE SRI JUSTICE M. GANGA RAO

WRIT PETITON No.21113 of 2022

18.07.2022

Vjl