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2025 DIGILAW 886 (AP)

Prakasam Aided Upper Primary School v. The State of Andhra Pradesh, Rep. , By Its Principal Secretary, School Education Department

2025-07-28

K.SREENIVASA REDDY

body2025
ORDER : K. SREENIVASA REDDY, J. This Writ Petition is filed challenging the action of 3 rd respondent in issuing Proceedings vide Rc.No.965/C2/2025, dated 26.04.2025 and in not releasing the maintenance grant-in-aid at 6% to the petitioner’s school for the years 2022-23, 2023-24 and 2024- 25 totaling an amount of Rs.4,50,944/- as illegal and arbitrary and consequently to set-aside the same and to direct the respondents to release the aforesaid pending arrears. 2. The contents of the affidavit filed in support of the Writ Petition, in brief, are that, the petitioner school was established in the year 1982 and got aided recognition on 01.04.1992 and the said recognition remains till Academic Year 2027-28. The petitioner school was having strength of around 120 students and there are four teachers working in the school against aided posts. (b) The petitioner school was started to impart free education to the children in rural areas and in pursuance of the same, the petitioner school is providing education in its vicinity to the needy and poor students. The maintenance grant provided by the respondent authorities, is to meet the expenditure of menial staff, rent, taxes, repairs, stationery, furniture and other miscellaneous expenses etc. Initially, the schools are entitled to receive the maintenance grant at 10%, however, the same was reduced to 6% and this Court vide Order in Writ Appeal No.963 of 1991 , directed the respondent authorities to release the grant at 6% of the basic pay of teaching grant that is being drawn from year to year. (c) While the matter stood thus, in the year 1994, the Government reduced the maintenance grant to 2% by way of G.O.Ms.No.320, dated 16.09.1994 and this Court vide Order, dated 19.03.1997 in Writ Petition No.20160 of 1994 struck off the said G.O., declaring the same as unconstitutional and the said Order was upheld by a Division Bench of this Court in Writ Appeal No.526 of 1997 and the Government was directed to release grant-in-aid at 6%. (d) In the year 1995, the Government enacted the Andhra Pradesh Private Educational Institutions Maintenance Grant (Regulation) Act, 1995 Act No.11 of 1995 to regulate the fixation and payment of maintenance grant to private educational institutions in the State of Andhra Pradesh. The Division Bench of this Court also adverted to these provisions and held that the grant-in-aid schools are entitled for maintenance grant at 6%. The Division Bench of this Court also adverted to these provisions and held that the grant-in-aid schools are entitled for maintenance grant at 6%. (e) The respondent authorities are adopting pick and choose method for release of maintenance grant at 6% and giving benefit to several other educational institutions and denying the said benefit to the petitioner school. (f) The subject issue was settled by this Court in Writ Petition No.3449 of 2003 vide Order, dated 30.09.2016, wherein, the said act of respondent authorities was declared as arbitrary and discriminatory. The Order of the learned Single Judge was upheld by a Division Bench of this Court in Writ Appeal No.1296 of 2016 and also the Hon’ble Supreme Court in S.L.P.No.31292 of 2018 . (g) On 17.04.2025 vide Letter No.4/MG/Aided/2025, the petitioner school sent a letter to 3 rd respondent requesting the respondent authorities to release the maintenance grant of Rs.4,50,944/- for the years 2022-23, 2023-24 and 2024-25 in respect of petitioner school, marking a copy to 2 nd respondent along with the Audit Reports and bills; that thereafter, 3 rd respondent, without adverting to the subject issue, issued the impugned proceedings, dated 26.04.2025 directing the petitioner school to resubmit the proposals through proper channel. The petitioner school was not informed as to what was the proper channel and as such, they approached 4 th respondent with the documents, but, the same was not accepted by 4 th respondent on the ground that he was not having instructions from the higher authorities. (h) This Court vide Order, dated 19.03.2024 and 17.07.2023 in Writ Petition No.5956 of 2024 and Writ Petition No.16831 of 2023, respectively, disposed of similar matters, directing the respondents to release maintenance grant-in-aid at 6% in terms of Orders passed in Writ Petition No.3449 of 2003 , dated 30.09.2016. Hence, the case of the petitioner school stands on the similar footing and petitioner school is entitled for the said benefit and if, the respondent authorities are not directed to release the maintenance grant-in-aid at 6% to the petitioner school, they would be put to irreparable loss and injury. Hence, the Writ Petition. 3. Heard learned counsel for the petitioner school and learned Government Pleader for School Education representing respondent Nos.1 to 4. 4. Hence, the Writ Petition. 3. Heard learned counsel for the petitioner school and learned Government Pleader for School Education representing respondent Nos.1 to 4. 4. Learned counsel for the petitioner placed the copy of the Order passed by the erstwhile High Court of Judicature at Hyderabad in Writ Petition No.3449 of 2003 , dated 30.09.2016. A perusal of the said order goes to show that the learned Single Judge allowed the said Writ Petition in similar circumstances. The relevant paragraphs of the said Order read as under (Paragraph Nos.21 & 22): “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 par with other schools. 22. With the above direction, the Writ Petition is allowed.” 5. Learned counsel for the petitioner school brought to the notice of this Court that the matter in Writ Petition No.3449 of 2003 was carried in appeal vide Writ Appeal No.1296 of 2016 and a Division Bench of the erstwhile High Court of Judicature at Hyderabad dismissed the appeal vide Judgment, dated 03.08.2018, confirmed the order passed by the learned Single Judge in Writ Petition No.3449 of 2003 . 6. 6. Learned counsel for the petitioner further brought to the notice of this Court that the Special Leave to Appeal (C) No.31292 of 2018 preferred before the Hon’ble Supreme Court against the Order, dated 03.08.2018 in Writ Appeal No.1296 of 2016 , was also dismissed vide Order, dated 14.12.2018. Therefore, prays the Court to pass similar orders in this Writ Petition also. 7. On the other hand, learned Government Pleader for School Education, on instructions of the District Educational Officer, Prakasam District at Ongole, submits that the petitioner-school has not submitted the Audit Reports and Bills for the period from 2022- 2023 to 2024-2025 for verification by the Auditor till date through proper channel, and for the said reason, proposals were not submitted to the Commissioner of School Education, Andhra Pradesh at Amaravati, for release of maintenance grant. 8. In view of the same, having regard to the decision of the erstwhile High Court of Judicature at Hyderabad by an Order, dated 30.09.2016 in Writ Petition No.3449 of 2003 , which was upheld by a Division Bench of erstwhile High Court of Judicature at Hyderabad in Writ Appeal No.1296 of 2016 vide Order, dated 03.08.2018 and also the Hon’ble Supreme Court in S.L.P.No.31292 of 2018 , the Writ Petition is disposed of, directing the petitioner school to submit the Financial/Audit Reports for three (03) years i.e. 2022-23, 2023-24 and 2024-25, bills and proposals to the authority concerned, for verification. As and when the petitioner school submits the same, the respondent authorities are directed to pay Maintenance Grant at 6% to the petitioner school. The entire process shall be completed within a period of two (02) months from the date of receipt of copy of this order. There shall be no order as to costs.