APHC010380592026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20349 OF 2026 Between: 1. Bishop Azariah High School, Vijayawada, represented by its Correspondent Mrs. Dasari Joshuva Kumari, W/o Bishop Rt. Rev. Dr. T. George Cornelius, aged about 60 years, Rio D.No.29-19-8713, Bishop Azariah School Compound, Bishop House, Labbipet, Vijayawada, N.T.R. District ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, School Education Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 522004 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, at Velagapudi, Guntur District, Andhra Pradesh. 522503 3. The Commissioner of School Education, Andhra Pradesh, Vidya Bhavan, Mangalagiri, Guntur District, Andhra Pradesh. 522503 4. The Regional Joint Director, School Education, Kakinada, East Godavari District, Andhra Pradesh. 533001 5. The District Educational Officer, N.T.R. District, Andhra Pradesh. 520010 2 6. The Deputy Educational Officer Dy.E O, Vijayawada, N.T.R. District. 520001 7. The Mandal Educational Officer MEO, Vijayawada Urban, N.T.R. District 520001 ...Respondents 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 6 percent on the Teaching Grant paid to the Petitioner for the years 2023 - 2024 and 2024 - 2025 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 Hon'ble 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 percent on Teaching Grant for the above said years to the Petitioner school forthwith and pass 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 to direct the respondents to release the Maintenance Grant at the rate Of 6% on the Teaching Grant due to the Petitioner school For the years 2023 - 2024 and 2024 - 2025 in respect of the Petitioner school forthwith, pending disposal of the present Writ Petition and pass Counsel for the Petitioner: 1. Raja Damoji Rao Counsel for the Respondent(S): 3 1. GP FOR School Education 2. GP FOR Finance Planning The Court made the following Order: Heard Sri Vijay Mathukumilli, learned counsel representing Sri Raja Damoji Rao, learned counsel for the petitioner and 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 years 2023- 24 and 2024-25. 3. When the matter has been taken up for consideration today, the learned counsel for the petitioner submitted that the issue raised in the instant Writ Petition is squarely covered by the earlier Judgment rendered by this court in W.P.No.3449 of 2003 dated 30-09-2016. The relevant portion of the order 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 4 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. Placing reliance on the said Judgment, this Writ Petition is allowed, in terms of the observations made and directions issued 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: 23-07-2026 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20349 OF 2026 Dated: 23-07-2026 MSI