S M R M High School vs The State Of Andhra Pradesh,
2024 Latest Caselaw 726 AP

Citation : 2024 Latest Caselaw 726 AP
Judgement Date : 25 January, 2024

Andhra Pradesh High Court - Amravati

S M R M High School vs The State Of Andhra Pradesh, on 25 January, 2024

      HONOURABLE SMT. JUSTICE V.SUJATHA
            WRIT PETITION No.1828 of 2024

ORDER:

This writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:-

"....to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the maintenance grant of 6 percent to the petitioner's institution for the years 2020- 21, 2021-2022 and to 2022-2023 as claimed by the petitioner through representation dated 10.11.2023 in terms of the judgment rendered by the Honourable High Court In Recognized Schools Management Association AP vs The Govt of AP and another reported in 1997 (3) ALD 40 and Judgment in W.P.No.3449 of 2003 dated 30.09.2016 as illegal, contrary to law, arbitrary, against the principles of natural justice and violation of Article 14 of the constitution of India and consequently direct the respondents to release the Maintenance Grant to the petitioner forthwith...."

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 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.

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. 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.

4. In view of the same, the Writ Petition is allowed 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.