APHC010498032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 25431 OF 2025 Between: 1. 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 ...Petitioners AND 1. 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, YSR Kadapa District, YSR Kadapa. 5. The District Education Officer, YSR District at Kadapa. 6. The Mandal Educational Officer, Veerapunayunipalle,YSR Kadapa District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the SRK, J W.P.No.25431 of 2025 2 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 6 per cent on the Teaching Grant payable to the 1st and 2nd Petitioners for the years 2023-2024, as per Section 3 of AP Educational Institutions Maintenance Grant (Regulation) Act, 1995 and the law laid down by this Honble 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. Counsel for the Petitioners: T V S KUMAR Counsel for the Respondents: GP FOR SCHOOL EDUCATION Counsel for the Respondents: GP FOR FINANCE PLANNING SRK, J W.P.No.25431 of 2025 3 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 maintenance grant at the rate of 6% to the petitioners institutions for the years 2023- 2024, as per Section 3 of the AP Educational Institutions Maintenance Grant (Regulation) Act, 1995 and the law laid down by this 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 consequently direct the respondents to pay the maintenance grant @ 6% payable to the petitioners institutions forthwith.” 2. Today, when the matter came up for hearing, learned counsel for the petitioners 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 SRK, J W.P.No.25431 of 2025 4 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 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.” 3. It is also brought to the notice of this Court that the matter was 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 was also dismissed by an order dated 14.12.2018. SRK, J W.P.No.25431 of 2025 5 4. 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 from the date of receipt of a copy of this order to the petitioners’ educational institutions, 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:18.09.2025 Nsr SRK, J W.P.No.25431 of 2025 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.25431 of 2025 Date:18.09.2025 Nsr