Andhra Pradesh High Court - Amravati
Smt. K. Jayanthi, vs The Member Secretary, on 5 January, 2024
THE HONOURABLE SMT JUSTICE V. SUJATHA
WRIT PETITION No.282 of 2024
ORDER:
-
This Writ Petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...to issue an 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 2004 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 ..."
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 Pradeshpassed in W.P.No.3449 of 2003
dated 30.09.2016, 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
passed in W.P.No.3449 of 2003 dated 30.09.2016 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 education 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 Recognized 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 part with other schools.
22. With the above direction, the Writ Petition is allowed."
3. It is brought to the notice of this Court that the matter
was carried in appeal in W.A.No.1296 of 2016 and a 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. 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 W.A.No.1296 of 2016 is also dismissed by
order dated 14.12.2018.
4. In view of the same, the Writ Petition is allowed in terms
of the above said orders. No costs.
5. Registry is directed to attach a copy of the order dated
30.09.2016 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 to this order.
As a sequel, miscellaneous applications pending, if any, in
this writ petition shall also stand closed.
____________________________
SMT JUSTICE V. SUJATHA
Date: 05.01.2024
Pnr
THE HONOURABLE SMT JUSTICE V. SUJATHA
Dated 05.01.2024
Pnr
