Sri Sangameswara High School Vs the State of Ap

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APHC010313862025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE •

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16566 OF 2025

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Between:

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Sri Sangameswara High School, Veerapunayunipalle - 516321 YSR Kadapa District, Represented by its Correspondent,V.V.Subbanaidu, S/o.V.RamaSubbanna,aged about 66 years, Veerapunayunipalle,YSR Kadapa District 2. Nethaji Aided Elementary School, Veerapunayunipalle - 516321 YSR Kadapa District, Represented by its Correspondent, V.V.Subbanaidu, S/o.V.RamaSubbanna,aged about 66 years, Veerapunayunipalle,YSR Kadapa District

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...Petitioners

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AND

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The State of Andhra Pradesh, rep, by PrI. Secretary, Education Department, Secretariat, Velagapudi, Amaravati. 2. The State of Andhra Pradesh, rep, by PrI. Secretary, Finance Department, Secretariat. Velagapudi, Amaravati. 3. The Commissioner and Director of School Education, Andhra^Pradesh, lbrahimpatnam-521456, Krishna District. 4. The Regional Joint Director of School Education,^{YSRKadapaDistrict,YSR} Kadapa.

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The District Education Officer, YSR District at Kadapa.

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The Mandal Educational Officer, Veerapunayunipalle,YSR Kadapa District.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly oneⁱⁿ the nature of a WRIT OF MANDAMUS or any other appropriate Writ, declaring the action of the Respondents in not releasing the Maintenance Grant at the rate of 6percent on the Teaching Grant payable to the 1st and 2nd Petitioners for the years 2024-2025, as per Section 3 of AP Educational Institutions Maintenance Grant (Regulation) Act, 1995 and the law laid down by this Hon'ble Court reported in 1997 (3) ALD 40 and the order made in W.P.No.3449 of 2003, dated 30-09-2016 as illegal, arbitrary and discriminatory and consequently direct the respondents to pay the Maintenance Grant at the rate of 6percent on Teaching Grant for the above said years to the petitioners forthwith.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the Maintenance Grant at the rate of 6% on the Teaching Grant payable to the 1st and 2nd Petitioners for the years 2024-2025, forthwith, pending disposal of the present Writ Petition.

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Counsel for the Petitioners: SRI T V S KUMAR

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Counsel for the Respondents No.1,3 to 6: GP FOR EDUCATION Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING

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The Court made the following order:

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APHC010313862025 IN THE HIGH COURT OF ANDHRA PRADESH [3327] AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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SRI JUSTICE K SREENIVASA REDDY THE HONOURABLE WRIT PETITION NO: 16566/2025

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Between: SCHOOL,

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HIGH

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1.SRI SANGAMESWARA YSR KADAPA 516321

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VEERAPUNAYUNIPALLE BY ITS represented

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CORRESPONDENTS/O.V. RAMASU BBAN'WSUBBANAlDa NA,AGED ABOUT 66 YEARS, VEERAPUNAYUNIPALLE.YSRI^DAPA DISTRICTSCHOOL,

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2.NETHAJI AIDED ELEMENTARY YSR KADAPA

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VEERAPUNAYUNIPALLE roRRESPONDENT DISTRICT ...PETITIONER(S) AND by PRl. SECRETARY,

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i.the STATE OF AP, SECRETARIAT, department.

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EDUCATION VELAGAPUDI, AMARAVATI. _ PRADESH, REP, BY PRl.

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2THE STATE OF ANDHRAdepartment, secretariat. SECRETARY, FINANCE VELAGAPUDI, AMARAVATI. r^,Di-r'Tr»R OF SCHOOL 521456 KRISHNA DISTRICT. OF SCHOOL

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. TUP RFriONAL JOINT DIRECTOR KADAPA. OFFICER, EDUCATIONAL

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6.THE manDAL YSR KADAPA DISTRICT.

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VEERAPUNAYUNIPALLE ...RESPONDENT(S);

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th;,t Constitution of India praying u **1® affidavit filed therewith the High Court may be pleased to issue a Writ, order or direction more’ particularly one in the nature of a WRIT OF MANDAMUS or any other appropriate Writ, declaring the action of the Respondents in not releasing the Maintenance Grant at the rate of 6percent on the Teaching Grant payable to the 1st and 2nd Petitioners for the years 2024-2025. as per Section 3 of AP Educational Institutions Maintenance Grant (Regulation) Act, 1995 and the law laid down by mis Hon ble Court reported in 1997 (3) ALD 40 and the order made in W.P.No.3449 of 2003, dated 30-09-2016 as illegal, arbitrary and discriminatory and ^ , consequently direct the respondents to pay the Maintenance Grant at the rate of 6percent on Teaching Grant for the above said years to the petitioners forthwith and pass

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lA NO: 1 OF 2Q2fi

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition Ih pleased to direct the respondents to release the Maintenance Grant at the rate of 6% on the Teaching^Grant payable to the 1st and 2nd Petitioners for the years 2024-2025 forthwith, pending disposal of the present Writ Petition and pass

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Counsel for the Petitioner(S):

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1.T VS KUMAR

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Counsel for the Respondent(S);

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1.GP FOR EDUCATION

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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ORDER:-

This Writ Petition is filed challenging the action of respondents in not releasing the maintenance grant-in-aid^at6%to the petitioner schools for the year 2024-25 as illegal and arbitrary and consequently to direct the respondents to release^theaforesaid arrears.

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Contents of the affidavit filed in support of the Writ Petition, in brief, are that, the petitioner schools^were started to impart free education to the children in rural areas and accordingly. they are 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.

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(b) 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

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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%.

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(c) 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^thefixation 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 grantin-aid schools are entitled for maintenance grant at^6%.

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(d) 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 schools.

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(e) 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

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by a Division Bench of this Court in Writ Appeal No. 1296 of 2016 and also the Hon’ble Supreme Court in S.LP.No.31292 of 2018.

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(f) 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 schools stands on the similar footing and petitioner schools are 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 schools, they would be put to irreparable loss and injury. The petitioner schools made representations on 08.04.2025 and 09.04.2025 to 3'"^ respondent requesting to release the maintenance grant for the year 2024-25, but no action has been taken on the said representations. Hence, the Writ Petition.

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Heard learned counsel for the petitioner schools and the learned Government Pleader for School Education representing respondent Nos.1, 3 to 6 and the learned Assistant Government Pleader for Finance representing respondent No.2.

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Learned counsel for the petitioner schools placed the copy of the Order passed by the erstwhile High Court^ofJudicature 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);

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‘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^benefittothe 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 conseguently, 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.

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With the above direction, the Writ Petition IS allowed.

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Learned counsel for the petitioner schools brought^to the notice of this Court that the matter in Writ Petition^No.3449of 2003 was carried in Appeal vide Writ Appeal No. 1296^of2016and a Division Bench of the erstwhile High Court of Judicature at Hyderabad dismissed the appeal vide Judgment, dated 03.08.2018, confirming the Order passed by the learned Single Judge in Writ Petition No.3449 of 2003.

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Learned counsel for the petitioner schools 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^{Petitionalso.}

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On the other hand, learned Government Pleader for School Education representing respondent Nos.1, 3 to 6, on instructions of the District Educational Officer, YSR Kadapa District at YSR Kadapa, submits that the petitioner-schools^{areentitledfor} maintenance grant-in-aid at 6% for the year 2024-25 and prays time to release the said grant.

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In view of the same, having regard to the decision^of the erstwhile High Court of Judicature at Hyderabad by an Order

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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 respondent authorities to pay- Maintenance Grant at 6% to the petitioner schools for the year 2024-25 within a period of three (03) months from the date of receipt of copy of this order. There shall be no order as to costs.

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Consequently, miscellaneous applications pending if any shall also stand closed.

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Sd/- K TATA RAO ^^^yregistrar SECTIOI^FFICER

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To,

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The PrI. Secretary, State of Andhra Pradesh, Education Department, Secretariat, Velagapudi, Amaravati. 2. The PrI. Secretary State of Andhra Pradesh, Finance Department Secretariat. Velagapudi, Amaravati. 3. The Commissioner and Director of School Education, Andhra Pradesh, lbrahimpatnam-521456, Krishna District.

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The Regional Joint Director of School Education, YSR Kadapa District, YSR Kadapa.

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The District Education Officer, YSR District at Kadapa.

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The Mandal Educational Officer, Veerapunayunipalle,YSR Kadapa District.

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One CC to SRI. TVS KUMAR, Advocate [OPUC]

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Two CCs to GP FOR EDUCATION, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR FINANCE & PLANNING, High Court of Andhra Pradesh [OUT] 10. Two CD Copies

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HIGH COURT

DATED:13/08/2025

ORDER

WP NO. 16566 OF 2025

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gf 12 SEP 2025 Co'