APHC010640792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 34087/2025 Between: 1. SRI RAGHAVENDRA AIDED HIGH SCHOOL, ALLAGADDA-518543. NANDYAL DISTRICT, A.P. REPRESENTED BY ITS CORRESPONDENT, Y.PAPI REDDY, S/O. Y.PEDDAPULLA REDDY, AGED ABOUT 80 YEARS, ALLAGADDA , NANDYAL DISTRICT. 2. SRI RAGHAVENDRA AIDED ELE. SCHOOL,, ALLAGADDA-518543. NANDYAL DISTRICT, A.P. REPRESENTED BY ITS CORRESPONDENT, Y. PAPI REDDY S/O. Y. PEDDAPULLA REDDY, AGED ABOUT 80 YEARS, ALLAGADDA , NANDYAL DISTRICT. ...PETITIONER(S) 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, IBRAHIMPATNAM- 521456, KRISHNA DISTRICT. 4. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, YSR KADAPA DISTRICT, KADAPA- 516001,A.P. 5. THE DISTRICT EDUCATION OFFICER, NANDYAL DISTRICT, NANDYAL-518501, A.P. 6. THE MANDAL EDUCATIONAL OFFICER, ALLAGADDA MANDAL, NANDYAL DISTRICT-518543 ANDHRA PRADESH. ...RESPONDENT(S): SRK, J W.P.No.34087 of 2025 2 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 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 percentage on the Teaching Grant payable to the 1st and 2nd Petitioners for the years 2023-2024 and 2024-2025 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 6 percentage on Teaching Grant for the above said years to the petitioners forthwith and pass IA NO: 1 OF 2025 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 Pleased to direct the respondents to release the Maintenance Grant at the rate of 6 percentage on the Teaching Grant payable to the 1st and 2nd Petitioners for the years 2023-2024 and 2024-2025, forthwith, pending disposal of the present Writ Petition and pass Counsel for the Petitioner(S): 1. T V S KUMAR Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.34087 of 2025 3 HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.34087 of 2025 ORDER: This Writ Petition has been filed seeking to declare the action of respondents in not releasing the maintenance grant at the rate of 6% of the teaching grant payable to the petitioners for the years 2023-24 and 2024-25 as per Section 3 of the A.P. Private 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 and arbitrary and consequently direct the respondents to pay the Maintenance Grant at the rate of 6% on Teaching Grant for the above said years to the petitioners forthwith and pass such other order. 2. Case of petitioners is that petitioners herein are imparting education at Primary, Upper Primary and High School level and these schools were admitted into Grant-in-Aid long back and have been receiving Grant-in-Aid in full to the teaching and non- teaching eligible staff members and also 6% of the basic pay of the teaching grant towards maintenance of the schools, which is called as Maintenance Grant. The Maintenance Grant is meant SRK, J W.P.No.34087 of 2025 4 for meeting the expenditure on menial staff, rents, taxes, repairs and maintenance of school buildings, furniture, equipment, postage, stationary, audit charges, travelling expenditures, chalks, black boards, maps, teaching aid, elementary and water charges and other day to day miscellaneous expenditures. It is further stated that petitioners are prohibited from charging any tuition fee or donation from the students as they are receiving Grain-in-Aid from the government and the petitioners schools have been imparting free education to their students. Petitioners have been sending proposals for the Maintenance Grant for the Academic Years 2023-24 and 2024-25 as required by the respondent authorities, but the respondent authorities have not released the Maintenance Grant. The managements of the petitioners schools are not in a position to bear the regular expenditure unless the arrears are reimbursed as per law. 3. Heard learned counsel for petitioners and learned counsel for respondents. 4. Learned counsel for respondents submits that the Grant can be passed only when the audit report is submitted by the petitioners. According to his instructions, the petitioners have not submitted the audit report till now. SRK, J W.P.No.34087 of 2025 5 5. The learned counsel for petitioners submits that the petitioners are ready to submit the audit report. 6. In view of the facts and circumstances, petitioners are directed to submit audit report within a period of two (2) weeks from the date of receipt of copy of this order and respondent authorities are directed to pass orders with regard to release of maintenance grant after submission of audit report by the petitioners herein, within a period of four (4) weeks thereafter. 7. With the above said direction, the Writ Petition is disposed of. No order as to costs. 8. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _________________________ K. SREENIVASA REDDY, J. Date: 09.12.2025 sj SRK, J W.P.No.34087 of 2025 6 131 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.34087 of 2025 Date: 09.12.2025 sj