APHC010324402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16446/2024 Between: Nehru Aided Primary School and another ...PETITIONER(S) AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR FINANCE PLANNING The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.16446 of 2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate Writ, more in the nature of Writ of Mandamus declaring the action of the Respondents is not releasing the maintenance grant towards the Petitioner institution for the academic year 2023-24 @ 6% grant in aid to a tune of Rs. 5,03,053/- basing on the proposal submitted by the Petitioner institution on 29-05-2024 despite the issue is settled by this Honourable High Court holding the Private Aided Managements are entitled for the Maintenance Grant @6%, as being arbitrary, illegal, and motivated, violating Article 14 of the Constitution of India, and consequently direct the respondents to forthwith release the Maintenance Grant @ 6% due to the Petitioner institutions and further take steps to release the arrears and continue to pay the Maintenance Grant @ 6% and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.” 2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 3. The respondents 4 and 5 filed counter, wherein it is asserted in para 10 as follows: “10. ….as per Sec.28 of Grant-in-Aid Code, the managements of aided schools, shall submit its financial statements, in a prescribed format i.e., Annual Administration report duly audited by the Chartered Accountant to the concerned District Educational Officer, not later than 30th of September, of every year. But the petitioners did not submit their annual administrative reports and financial statements, till to date. Moreover, without submitting any of the “Annual Administrative Reports and financial statements, the petitioners are making a 3 bold statement that they had made representations in the month of May, 2024. Hence, such payments of the maintenance grant by the respondents will be against the rules in force and is impermissible under law.” 4. Learned Government Pleader for Higher Education would submit that the petitioner institutions have not submitted the financial statements, ergo, the respondent authorities are not able to release the grant in aid to the petitioner institutions. 5. In view of the above said circumstances, this Court is inclined to dispose of this writ petition directing the petitioner institutions to submit its financial statements as per Section 28 of Grant-in-Aid Code within a period of two weeks from the date of receipt of a copy of this order, and on filing such financial statements, the respondents are directed to consider the same and pass appropriate orders in accordance with law and communicate the decision to the petitioner institutions, within four weeks therefrom. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 29.01.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.16446 of 2024 Date : 29.01.2025 SPP