S M N R O Elementary School Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

S M N R O Elementary School Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Respondents directed to work out and pay maintenance grant @ 6% to the petitioner institution within three months from receipt of a copy of the order, on par with other schools (covering the arrears sought for 2021-22, 2022-23 and 2023-24); no order as to costs; pending miscellaneous applications closed.

Issue for consideration

Whether the respondents' non-release of the maintenance grant @ 6% and its arrears for 2021-22, 2022-23 and 2023-24 to the petitioner institution is arbitrary and illegal, warranting a mandamus to release the arrears and continue payment of the grant.

Court's answer

Finding the issue squarely covered by the order dated 30.09.2016 in W.P. No.3449 of 2003 (confirmed in W.A. No.1296 of 2016 on 03.08.2018, with SLP(C) No.31292 of 2018 dismissed on 14.12.2018), the court disposed of the writ petition directing the respondents to work out maintenance grant @ 6% and pay the same within three months from receipt of a copy of the order, on par with other schools; no order as to costs.

Detailed headnote1 paragraphs

Maintenance Grant @ 6% — Release of arrears for 2021-22, 2022-23 and 2023-24 to an aided elementary school (West Godavari District) — Writ petition disposed of as squarely covered by the order dated 30.09.2016 in W.P. No.3449 of 2003 of the erstwhile High Court of Andhra Pradesh, whereby a learned single Judge held the institution entitled to maintenance grant-in-aid @ 6% on par with other schools (G.O.Ms.No.320 having been struck down), which order was confirmed by the Division Bench dismissing W.A. No.1296 of 2016 on 03.08.2018, and the Special Leave to Appeal (C) No.31292 of 2018 was dismissed by the Hon'ble Apex Court on 14.12.2018 — Respondents, including the Principal Secretary (School Education), Principal Secretary (Finance), Commissioner/Director of School Education and the District Education Officer, Bhimavaram, directed to work out maintenance grant @ 6% and pay the same within three months from receipt of a copy of the order, on par with other schools — No order as to costs; miscellaneous applications, if any, closed. (K. Sreenivasa Reddy, J., 22.08.2025)

APHC010128542025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO: 6843 OF 2025

Between:

S M N R O ELEMENTARY SCHOOL, Rep. by Its Correspondent, M. Yogeendra Kumar(Babu) S/o. Late Raju, aged about 53 years, Korukollu Village, Palakoderu Mandal, West Godavari District.

...Petitioner

AND

THE STATE OF AP, Represented by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District.

The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District.

The Commissioner/Director of School Education, Vidya Bhavan, Opp.DGP Office, Mangalagiri,Guntur District.

The District Education Officer, Bhimavaram, West Godavari District.

...Respondents

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, more in the nature of Writ of Mandamus declaring the action of the respondents in Not releasing the Maintenance Grant 6 PERCENT to the Petitioner institution for the years 2021-

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2022,2022-2023 and 2023-2024 despite this Honble Court categorically held that the managements are entitled for M.G. Grant 6 PERCENT of the Grant in Aid as being, arbitrary, illegal, violating Article 14 21 of the Constitution of India, and consequently direct the respondents forthwith 6 release the maintenance Grant6 PERCENTdue to the petitioner institution i.e., the petitioner and further take steps to release the arrears and continue to pay the maintenance grant 6 PERCENT.

Counsel for the Petitioner: VALLEPU JAGADEESH

Counsel for the Respondents: GP FOR SCHOOL EDUCATION Counsel for the Respondents: GP FOR FINANCE PLANNING

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The Court made the following ORDER:

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

“….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 arrears of maintenance grant at the rate of 6% to the petitioner institution for the years 2021-22, 2022-23 and 2023-24, as illegal, arbitrary and consequently direct the respondents to release the arrears of maintenance grant @ 6% payable to the petitioner institution and continue to pay the same.”

Today, when the matter came up for hearing, learned counsel for the petitioner submitted 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. 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

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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.”

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.

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 three (3) months

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from the date of receipt of a copy of this order to the petitioner’s educational institution, on par with other schools. 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

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

________________________ K. SREENIVASA REDDY, J.

Date:22.08.2025 Nsr

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

Writ Petition No.6843 of 2025

Date:22.08.2025

Nsr