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2026 DAILYLAW 1753 (AP)

T M RAO HIGH SCHOOL v. THE STATE OF ANDHRA PRADESH

WP/8967/2026 · 2026-04-06

Nyapathy Vijay

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010159742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8967/2026 Between: 1. T M RAO HIGH SCHOOL, REP ITS CORRESPONDENT, SRI PULIKONDA.MALLIKARJUNA RAO, BHATTIPROLU VILLAGE, BHATTIPROLU MANDAL, BAPATIA DISTRICT, (ERSTWHILE GUNTUR 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. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT. FINANE DEPORTMENT, TULLURU, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, B-BLOCK, FLOOR, SRI ANJENEYA TOWERS, NTTPS ROAD IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, BAPATIA, BAPATIA DISTRICT, (ERSTWHILE GUNTUR DISTRICT) ANDHRA 2 PRADESH. ...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 2023-2024,2024- 2025,2025- 2026 as claimed by them vide representations dated on 10-05-2023, 28-02- 2026 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 percent to the Petitioner institutions for the years 2023-2024 ,2024-2025,2025-2026 pending disposal of the Writ Petition, in the interest of justice and pass Counsel for the Petitioner: 1. ZAMPANI BHANU RAJA Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.8967 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/School for the academic years 2023-2024, 2024- 2025, 2025-2026 as mandated under Section 3 of the A.P. Educational Institutions (Maintenance Grant) Regulation Act, 1995. 2. Heard the learned counsel for the Petitioner/School and the learned Assistant Government Pleader for School Education for the Respondents. 3. The learned counsel for the Petitioner/School 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 is directed 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: 07.04.2026 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 19 WRIT PETITION No.8967 of 2026 Dated: 07.04.2026 chs