Sri Saraswathi Committee Aided ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 5570 AP

Citation : 2023 Latest Caselaw 5570 AP
Judgement Date : 17 November, 2023

Andhra Pradesh High Court - Amravati

Sri Saraswathi Committee Aided ... vs The State Of Andhra Pradesh on 17 November, 2023

      HONOURABLE SMT. JUSTICE V.SUJATHA
           WRIT PETITION No.29769 of 2023

ORDER:

This writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:-

"....to issue any appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the arrears of maintenance grant at the rate 6% on the teaching grant payable to the petitioners schools in accordance with law in terms of judgment rendered by the Hon'ble High court in recognized school management Association, A.P. Vs Govt of A.P., Educational Department and another reported in 1997 (3) ALD 40 and judgment in W P No.3449 of 2003, dt 30.9.2016 as illegal, arbitrary and consequently direct the respondents to release the arrears of maintenance grant payable to the petitioner schools as per the law in accordance with the judgment of this court reported in 1997 (3) ALD 40 and the judgment in W.P.No.3449 of 2003, dt 30.09.2016, and pass ...."

2. 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 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