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2026 DAILYLAW 3926 (AP)

N J A Primary and High School, v. The State of Andhra Pradesh,

WP/17064/2026 · 2026-06-30

Kiranmayee Mandava

Civil Appealbody2026

Judgment text

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Date of reserved for orders : ---- Date of pronouncement : 01-07-2026 Date of uploading : 03-07-2026 APHC010321422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17064/2026 Between: 1. N J A PRIMARY AND HIGH SCHOOL,, REP BY ITS CORRESPONDENT N SAMUEL MOSES, BOSE NAGAR, CHIRALA, BAPATIA DISTRICT - A.P. 2. S V P A U P SCHOOL, REP., BY ITS CORRESPONDENT V PRABHAKARA RAO, VYKUNTAPURAM, CHIRALA, BAPTALA DISTRICT - A.P. 3. S A R R M PRIMARY AND HIGH SCHOOL, REP., BY ITS CORRESPONDENT A G GOPALA KRISHNA REDDY VITAL NAGAR, CHIRALA, BAPATIA DISTRICT - A.P. 4. PVUSOAUP SCHOOL, REP., BY ITS CORRESPONDENT G SESHADRI REDDY HARIPRASAD NAGAR, CHIRALA, BAPATLA DISTRICT - A.P. 5. V.C.A.PRIMARY AND HIGH SCHOOL,, REP., BY ITS CORRESPONDENT D. RANGA REDDY VENKATA REDDYPALLI, H.M PADU MANDAL, PRAKASAM DISTRICT - A.P. 6. NETHAJI AIDED ELEMENTARY AND SRI SANGAMESWARA HIGH SCHOOL, REP., BY ITS CORRESPONDENT.V.V SUBB NAIDU VEERAPUANAYINIPALLI, Y.S.R KADAPA DISTRICT -A.P. 7. VENKATESWARA ELEMENTARY AND VENKATESWARA HIGH SCHOOL, REP., ITS CORRESPONDENT Y.CHANDRA KANTHAMMA BAYANAPALLE(VI) ,C.K.DINNE 2 MANDAL,Y.S.R.KADAPA DISTRICT - A.P. 8. AMBEDKAR ORIENTAL HIGH SCHOOL,, REP., BY ITS CORRESPONDENT SMT.M.V.SUBBAMMA ASHOK NAGAR,CHINNA CHOWK, KADAPA DISTRICT - A.P. 9. MS PRIMARY AND HIGH SCHOOL,, REP., BY ITS CORRESPONDENT M.SUDHAKAR BABU RAMAKRISHNAPURAM, CHIRALA, BAPTLA DISTRICT A.P. 10. AKMR PRIMARY AND HIGH SCHOOL,, REP., BY ITS CORRESPONDENT SRI PATRAYUII CHERUKURU, PARCHUR MANDAL, BAPATLA DISTRICT - A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION FOR THE STATE OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, A.P- 522503. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATHI, A.P. - 522503 3. THE DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, SREEANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, A.P-521456. 4. THE DISTRICT EDUCATIONAL OFFICER, BAPATLA DISTRICT, BAPATIA ARTS COLLEGE GROUND, BC HOSTEL BUILDING, BAPATIA, BAPATIA DISTRICT - A.P. - 522101 5. THE DISTRICT EDUCATIONAL OFFICER, PRAKASAM DISTRICT, SANTHAPET, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH-523001. 6. THE DISTRICT EDUCATIONAL OFFICER, Y.S.R. KADAPA DISTRICT, ARAVIND NAGAR, KADAPA, Y.S.R. KADAPA DISTRICT A.P. - 516004., 7. THE MANDAL EDUCATIONAL OFFICER, CHIRALA MANDAL, 3 CHIRALA, BAPATLA DISTRICT - A.P - 522101 8. THE MANDAL EDUCATIONAL OFFICER, VEERAPUANAYINIPALLI, Y.S.R KADAPA DISTRICT -A.P. -516321 9. THE MANDAL EDUCATIONAL OFFICER, C.K.DINNE MANDAL, Y.S.R KADAPA DISTRICT -A.P. -516003 10. THE MANDAL EDUCATIONAL OFFICER, KADAPA MANDAL, Y.S.R KADAPA DISTRICT -A.P. -516004 11. THE MANDAL EDUCATIONAL OFFICER, H.M PADU MANDAL, H.M PADU, PRAKASAM DISTRICT - A.P. - 523227 ...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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in not releasing the maintenance grant to the petitioners schools for the financial years 2023-2024, 2024-25 and 2025-2026 in terms of Judgement and Direction in W.P. No. 3449 of 2003 Dated 30-09-2016 illegal, arbitrary and unconstitutional and consequently direct the respondents to release the maintenance grant to the petitioners for the financial years 2023- 2024, 2024- 2025 and 2025-2026 and to pass such othe 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 may be pleased to release the arrears of maintenance grant payabie to the petitioners for the financial years 2023-2024, 2024-2025 and 2025-2026 forthwith in terms of Judgment and Direction in W.P. No. 3449 of 2003 Dated: 30-09-2016 pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. C SUNIL KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR FINANCE PLANNING 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17064/2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for School Education appearing for the respondents. 2. The instant Writ Petition is filed seeking a direction to the respondents to release the maintenance grant to the petitioners’ Schools for the financial years 2023-24, 2024-25 and 2025-26. 3. When the matter has been taken up for consideration today, both the learned counsel submitted that the issue involved in the present Writ Petition is squarely covered by the earlier Judgments rendered by this court in W.P.No.3449 of 2003 dated 30-09-2016, and W.P.No.10836 of 2025 dated 18-07-2025. The relevant portion of the order passed in W.P.No.3449 of 2003, particularly Paragraphs 21 & 22, reads as under: “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 Judgment referred supra. Even 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 5 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. 22. With the above direction, the Writ Petition is allowed.” 4. Following the above order, this Writ Petition is allowed, in terms of the observations and directions of the above said order. There shall be no order as to costs. 5. Registry is directed to append a copy of the order passed by this court in W.P.No.3449 of 2003 dated 30-09-2016 to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 01-07-2026 MSI Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17064/2026 Dated: 01-07-2026 MSI