Andhra Pradesh High Court - Amravati
R Aided Ele Schoolce vs The State Of Ap on 18 October, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.26841 OF 2023
ORDER:-
The present Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
"...to issue a writ order or direction more particularly
one in the nature of WRIT OF MANDAMUS declaring the
action of respondents in not releasing the maintenance
grant to the Petitioners institution 6 percent of the Grant in
aid for the years 2020-21 to 2022-23 despite the issue is
settled by this Hon'ble Court holding the Private Aided
Managements are entitled for the Maintenance Grant 6
percent as being arbitrary, illegal and motivated violating
Article 14 of the Constitution of India and consequently
direct the respondents to forthwith release the
Maintenance Grant @ 6 percent due to the Petitioner's
institution for the academic years 2020-21 to 2022-23
and further take steps to release the arrears and continue
to pay the Maintenance Grant @ 6 percent and pass..."
2. When the matter is taken up for hearing, it is submitted by the
learned counsel for petitioner that the issue in the present writ
petition is squarely covered by the order dated 30.09.2016 passed in
W.P No.3449 of 2003, wherein a learned Single Judge of this Court,
allowed the Writ Petition. A copy of the said order is place 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 the 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 action 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"
3. It is also brought to the notice of this Court that the matter was
carried in appeal in W.A.No.1296 of 2016 and the Division Bench of this
Court 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.
4. On the other hand, learned Government Pleader for School
Education appearing for the respondents does not refute the
submissions made by the learned counsel for the petitioner
5. Having regard to the submissions made by the learned counsel for
the petitioner, on perusal of the material placed on record, the Writ
Petition is disposed of in terms of order dated 30.09.2016 passed by this
Court in W.P.No.3449 of 2003 and order dated 03.08.2018 passed by
this Court in W.A.No.1296 of 2016. There shall be no order as to costs.
6. Registry is directed to enclose a copy of the order in W.P.No.3449
of 2003, dated 30.09.2016 and a copy of the order passed in
W.A.No.1296 of 2016, dated 03.08.2018.
As a sequel, miscellaneous applications pending for consideration,
if any, shall stand closed.
_____________________________________________
JUSTICE VENKATESWARLU NIMMAGADDA
DATE: 18.10.2023
LSP
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.26841 of 2023
DATE: 18.10.2023
LSP
