Svvs Aided Primary School Vs The State of Andhra Pradesh

The State of Andhra Pradesh, Represented by its Principal Secretary, Department of School Education for the State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, A.P.-PIN-522503.

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The Principal Secretary, Department of Finance for the State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, A.P.-PIN522503.

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The Director of School Education, Government of Andhra Pradesh, Sree Anjaneya Towers, Ibrahimpatnam Krishna District,A.P.-PIN521456. Andhra

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The District Educational Of^er, Prakasam District,^Ongole, Pradesh, PIN-523001. /

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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 an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in not releasing the maintenance grant to the petitioners schools for the financial years 2023-24 and 2024-25 in terms of Judgement and Direction in W.P. No. 3449 of 2003 Dated 30-09-2016 as illegal, arbitrary and unconstitutional and consequently direct the respondents to release the maintenance grant to the petitioners schools for the financial years 2023-24 and 2024-25. 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 petition, the High Court may be pleased direct the respondents to release the arrears of maintenance grant payable to the petitioners for the financial years 2023-24 and 2024-25 forthwith in terms of Judgement and Direction in W.P. No. 3449 of 2003 Dated; 30-^-2016 pending disposal of the above writ petition. Counsel for the Petitioners: C SUNIL KUMAR REDDY

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Counsel for the Respondents: GP FOR SCHOOL EDUCATION Counsel for the Respondents: GP FOR FINANCE PLANNING The Court made the following Order:

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APHC010387302025 IN THE HIGH COURT OF ANDHRA

PRADESH

[3327]

AT AMARAVATI

LEJit-Vm

(Special Original Jurisdiction)

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MONDAY, THE FOURTH DAY OF AUGUST

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENiVASA REDDY

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WRIT PETITION NO: 20130/2025

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Between:

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Svvs Aided Primary School and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.0 SUNIL KUMAR REDDY

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Counsel for the Respondent(S):

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1.GP FOR SCHOOL EDUCATION

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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Order:

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This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

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“....to issue an appropriate Writ, 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 to the petitioners schools for the financial years 2023-24 and 2024-25 in terms of Judgment and Direction in W.P.No.3449 of 2003, dated 30.09.2016 as illegal, arbitrary, unconstitutional and consequently, direct the respondents to release the maintenance grant to the petitioners schools for the financial years 2023-24^and2024- 25.

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Today, when the matter came up for hearing, learned^counselfor the petitioners submitted that the issue in the present^Writ Petition is squarely covered by the orders of the erstwhile High^{CourtofAndhra} Pradesh, dated 30.09.2016 passed in W.P. No.3449 of 2003, wherein a learned single Judge allowed the Writ Petition. The relevant Paragraphs of the Judgment read thus;

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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 this Court in the judgments referred supra. Even otherwise, the discriminatory^attitudeof the Government giving concession to one educational institution and denying benefit to the petitioner’s^educational

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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^tothe 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.

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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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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 an 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 an order dated 14.12.2018.

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Learned Government Pleader for School Education appearing on behalf of the State raised objection stating that receipts and payments have not been filed by the petitioners’ institutions and in view of the

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same, maintenance grant has not been paid to the petitioners institutions.

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4, Learned counsel for the petitioners has taken this Court to Page Nos.25 to 27 of the Writ Petition which shows that Receipts and Payments for the year ending with 31.03.2025 have been filed by the petitioners’ institutions.

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In view of the same, the Writ Petition is disposed of, by directing the respondents to work out maintenance grant @ 6% and arrange to pay the same within a period of two (2) months from the date of receipt of a copy of this order to the petitioners’ educational institution on par with other schools. There shall be no order as to costs.

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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 As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.

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To,

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//TRUE COPY//

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The Principal Secretary, Department of School Education for the State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, A.P.-PIN-522503.

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