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2026 DAILYLAW 4451 (AP)

Sri B.P. Seshaiah Sanskrit High School v. State of Andhra Pradesh

WP/17514/2026 · 2026-07-02

Kiranmayee Mandava

body2026

Judgment text

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Date of reserved for orders : ---- Date of pronouncement : 03-07-2026 Date of uploading : 08-07-2026 APHC010327222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17514/2026 Between: 1. SRI B.P. SESHAIAH SANSKRIT HIGH SCHOOL, PULLAMPET- 516 107, TIRUPATI DISTRICT REP. BY ITS CORRESPONDENT, A. RAJENDRA PRASAD ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY EDUCATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI - 522 237, AMARAVATI, GUNTUR DISTRICT 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY FINANCE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI - 522 237, GUNTUR DISTRICT. 3. THE COMMISSIONER OF SCHOOL EDUCATION, , AP D.NO.398/3, VIDYA BHAVAN, VENKATADRI TOWERS ATMAKUR- 522 503, MANGALAGIRI (M), GUNTUR DISTRICT 4. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, KADAPA - 516 001, YSR DISTRICT 5. THE DISTRICT EDUCATIONAL OFFICER, TIRUPATI DISTRICT AT TIRUPATI - 517 503 ...RESPONDENT(S): 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 Writ of Mandamus or any other appropriate Writ, declaring the action of the Respondents in not releasing the Maintenance Grant at the rate of 6percent on the Teaching Grant paid to the Petitioner for the years 2024-25 and 2025- 26 in respect of the Petitioner school as per Section 3 of A.P. 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 Petitioner school forthwith and pass such 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 direct the Respondents to release the Maintenance Grant at the rate of 6percent on the Teaching Grant due to the Petitioner school for the years 2024-25 and 2025-26 in respect of the Petitioner school forthwith, pending disposal of the present Writ Petition and pass such Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR SCHOOL EDUCATION 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17514/2026 The Court made the following Order: Heard the learned counsel for the petitioner 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 petitioner’s School for the financial years 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 wherein it was held that: “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 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 4 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 this Court in the 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: 03-07-2026 MSI Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17514/2026 Dated: 03-07-2026 MSI