Hindu College High School, vs The State Of A.P.
2024 Latest Caselaw 72 AP

Citation : 2024 Latest Caselaw 72 AP
Judgement Date : 3 January, 2024

Andhra Pradesh High Court - Amravati

Hindu College High School, vs The State Of A.P. on 3 January, 2024

       HONOURABLE SMT. JUSTICE V.SUJATHA

              WRIT PETITION No.20804 of 2016

ORDER:

The present Writ Petition came to be filed under

Article 226 of the Constitution of India seeking the following

relief:-

"...to issue an appropriate Writ, Order or direction especially in the nature of Writ of Mandamus declaring the action of the respondents in not paying the maintenance grants to the petitioner schools in terms of G.O.Ms.No.320 Education (PS.2), Department dated 13.09.1994 for the years 2014-2015 and 2015-2016 as illegal, arbitrary and issue a consequential direction to the respondents to pay maintenance grants forthwith to the petitioner schools as per the G.O.Ms.No.320 Education (PS.2) Department dated 13.09.1994 and to pass...."

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 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 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 by