Andhra Pradesh High Court - Amravati
Svvs Ap School vs The State Of Andhra Pradesh on 25 January, 2024
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.1761 of 2024
ORDER:
This 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 2021-22 to 2023-24 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 2021-22 to 2023-24
and further take steps to release the arrears and continue
to pay the Maintenance Grant @ 6%...."
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
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.
With the above direction, the writ petition is allowed."
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.
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.
Registry is directed to enclose a copy of the order dated
30.09.2016 passed 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.
Miscellaneous Petitions, if any, pending in this
writ petition shall stand closed.
_________________________
JUSTICE V.SUJATHA
Date : 25.01.2024
KGR
HONOURABLE SMT. JUSTICE V.SUJATHA
Date : 25.01.2024
KGR
