Sidduqui Aided School Committee vs The State Of Andhra Pradesh
2023 Latest Caselaw 6252 AP

Andhra Pradesh High Court - Amravati

Sidduqui Aided School Committee vs The State Of Andhra Pradesh on 28 December, 2023

        THE HONOURABLE SMT JUSTICE V. SUJATHA

               WRIT PETITION NO.30644 OF 2023

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India, aggrieved by the action of the respondents

in not releasing an amount of Rs.39,67,717.00 towards

maintenance in favour of the petitioner institution is as illegal,

arbitrary and violation of Arts 30(1) and 21A of Constitution of

India and consequently direct the respondents to release an

amount of Rs.39,67,717/- along with the interest at the rate of

12% per annum.

2. When the matter is taken up for hearing, it is submitted

by learned counsel for petitioner that the issue in the present

Writ Petition is squarely covered by the orders of the erstwhile

High Court of Andhra Pradesh, dated 30.09.2016 passed in W.P.

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 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."

3. It is also brought to the notice of this Court that the

matter is carried in appeal in W.A. No.1296 of 2016 and the

Division Bench dismissed the same by order dated 03.08.2018

confirming the order passed by the learned Single Judge in W.P.

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.

4. 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 W.P. No.3449 of 2003 and a copy of the

order dated 03.08.2018 passed in W.A. No.1296 of 2016.

__________________________ SMT JUSTICE V. SUJATHA Date: 28.12.2023 Pnr

THE HONOURABLE SMT JUSTICE V. SUJATHA

WRIT PETITION NO.30644 OF 2023

Date: 28-12-2023

Pnr