Extracted from the PDF above. The PDF is authoritative.
APHC010071372026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4456/2026 Between:
1. H P M HIGH SCHOOL, REP ITS CORRESPONDENT SRI K.SOMASEKHAR, PALAKONDLA VILLAGE, ALLAGADA MANDAL,NANDYAL DISTRICT, (ERSTWHILE KURNOOL DISTRICT) ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT, SCHOOL EDUCATION DEPORTMENT, TULLURU, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT. FINANE DEPORTMENT, TULLURU, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238
3. THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, B-BLOCK, 4TH FLOOR, SRI ANJENEYA TOWERS, NTTPS ROAD, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 521456
4. THE DISTRICT EDUCATIONAL OFFICER, NANDYAL,
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NANDYAL DISTRICT, (ERSTWHILE KURNOOL DISTRICT) ANDHRA PRADESH. 518501
...RESPONDENT(S): 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 topleased to issue an appropriate Writ, 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 2023-2024 to 2024-2025,as claimed by them vide representation dated on 03-04-2025, despite this Hon'ble Court categorically held that the managements are entitled MG @ 6 percent of the grant in aid as being arbitrary, illegal, violating Article 14 and 21 of the Constitution of India, and consequently direct the Respondents to forthwith release the Maintenance Grant @ 6 percent due to the Petitioner institutions and further take steps to release the arrears and continue to pay the Maintenance Grant @ 6 percent and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. IA NO: 1 OF 2026 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 @ 6% to the Petitioner institutions for the 2023-2024 to 2024-2025. pending disposal of the Writ Petition, in the interest of justice and pass Counsel for the Petitioner:
1. PAUL PRASAD ZAMPANI Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
2.
GP FOR FINANCE PLANNING The Court made the following:
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.4456 OF 2026 O R D E R:
The Writ Petition is filed under Article 226 of the Constitution of India questioning the action of the Respondents in not releasing the Maintenance Grant at the rate of 6% on the Teaching Grant paid to the petitioner’s college for the academic years 2023-2024 and 2024-2025 as mandated under Section 3 of the A.P. Educational Institutions (Maintenance Grant) Regulation Act, 1995. 2. Heard the learned counsel for the Petitioner and the learned Assistant Government Pleader for School Education for the Respondents. 3. The learned counsel for the Petitioner submitted that the Respondents-Authorities are not releasing the arrears of maintenance grant at the rate of 6% on the teaching grant payable to the Petitioners/School. It was also submitted that the issue in this Writ Petition is squarely covered by the orders passed by this Court in W.P.No.3449 of 2003, dated 30.09.2016, and prayed to pass similar order in this matter. The learned Assistant Government Pleader conceded the said submission. 4
4. A copy of the order in W.P.No.3449 of 2003, dated 30.09.2016 is placed on record. 5. Accordingly, placing the submission on record and in view of the reasons stated in the said order, this Writ Petition is allowed in terms of the above said order. No order as to costs. 6. The Registry to attach a copy of the order, dated 30.09.2016, in W.P.No.3449 of 2003 along with this order. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY
Date: 17.02.2026 chs
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
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WRIT PETITION No.4456 of 2026 Dated: 17.02.2026
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