1 APHC010305242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15372/2025 Between: 1. CHOWDESWARI DEVI ORIENTAL HIGH SCHOOL, DOOR NO. 1/1073, YERRAMUKKAPALLI, KADAPA-516004, KADAPA DISTRICT, REP BY ITS CORRESPONDENT, DR.G.MOHAN, S/O LATE PEDDASUBBANNA, AGED ABOUT 67 YEARS. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, KADAPA DISTRICT, OFFICE AT KADAPA TOWN, YSR KADAPA DISTRICT, AP. ...RESPONDENT(S): Counsel for the Petitioner: 1. BHARAT BABU.N Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR FINANCE PLANNING The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15372/2025 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, i. declaring the action of the respondents in not paying maintenance grant to the petitioner school for year 2024-2025 at the rate of 6% on the teaching grant payable to the petitioner school as per Section 3 of The Andhra Pradesh Private Educational Institutions Maintenance Grant (Regulation) Act, 1995 and the Judgements of this Hon’ble Court in ‘Recognised Schools Managements Association, AP Vs Government of A.P., Education Department and another’ (1997(3) ALD 40) and WP.No. 3449/2003 dated 30.9.2016, as illegal, arbitrary, unconstitutional and discriminatory, and ii. consequently direct the respondents to release the maintenance grant to the petitioner school for the year 2024-2025 at the rate of 6% on the teaching grant payable to the petitioner school, iii. and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case” 2. This Writ Petition is filed under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not releasing the arrears of the maintenance grant at the rate of 6% on the teaching grant paid to the petitioner’s school for the period 2024-2025, as illegal. 3 3. Heard the counsel for the petitioner, learned Assistant Government Pleader for Finance & Planning appearing for respondent No.2 and learned Assistant Government Pleader for Education appearing for Respondent Nos.1, 3 & 4. 4. The learned counsel for the petitioner submits that this Court, in similar and identical circumstances, disposed of Writ Petition No.42031 of 2018 dated 22.11.2018, which was passed considering the order dated 30.09.2016 in Writ Petition No.3449 of 2003 wherein this Court at Paragraph Nos.21 & 22 held as follows: “21. In any view of the matter, the contention of the learned Government Pleader is that the 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 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. The counsel for the petitioner also submits that the aforesaid order is confirmed by the Division Bench in Writ Appeal No.1296 of 2016 preferred by the Government. Again, the matter was carried to the Supreme Court. After hearing the appeal preferred by the respondents was dismissed confirming 4 the aforesaid order. The counsel for the petitioner submits that the Commissioner of School Education has called upon all the Regional Joint directors of School Education within the State to furnish the list of court cases filed by certain aided managements regarding enhancement of maintenance grant at the rate of 6% and submits that unless the order is obtained from this court, the respondents may not include the petitioner in the list. 6. Considering the above circumstances, the writ petition is disposed of in terms of the order of this Court in Writ Petition No.3449 of 2003, dated 30.09.2016. 7. As a sequel, miscellaneous applications pending, if any, shall stand closed. 8. Registry is directed to enclose a copy of the order dated 30.09.2016 in Writ Petition No.3449 of 2003 to this order. ________________________________ VENKATESWARLU NIMMAGADDA, J Dt: 26.06.2025 Vns 5 222 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.15372 of 2025 Dated:26.06.2025 Vns 6