Andhra Pradesh High Court - Amravati
Souza Aided Upper Primary School vs The State Of Ap on 6 February, 2024
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.3007 OF 2024
ORDER:
This writ petition came to be filed under Article 226 of
the Constitution of India, seeking the following relief :-
"....to issue an appropriate Writ more in the nature of Writ of
Mandamus declaring the action of the 4th Respondent in issuing
the impugned proceedings vide R.C. No.3979-A3/2023 Dated
09.10.2023 not considering the proposals submitted by the
Petitioner on 24.01.2024 for the purpose of releasing the
balance arrears of maintenance grant to the Petitioner institution
@6% of the Grant in aid for the years academic years 2018-19
to 2021-22 despite the issue is settled by this Honourable High
Court holding the Private Aided Managements are entitled for
the Maintenance Grant @6% as being arbitrary, illegal and
motivated, violating Article 14 of the Constitution of India and
consequently direct the Respondents forthwith release the
Maintenance Grant @6% due to the Petitioner institutions and
further take steps to release the arrears continue to pay the
Maintenance Grant 6% and issue such other writ or order or
direction as deemed fit .."
2. Heard Mr.M.Sri Vijay, learned counsel for the
petitioner(s) and learned Government Pleader for Higher
Education appearing for the respondents.
3. 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 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 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."
4. 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.
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, if any,
shall also stand closed.
_______________________
JUSTICE V.SUJATHA
Date: 06.02.2024
Pnr
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.3007 OF 2024
Date: 06.02.2024
Pnr
