IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26999 of 2008 Between: 1 Sree Srinivasa Aided Primary School, Nehru Nagar, CUMBUM, Prakasam District, rep by its Correspondent P. Pullaiah 2 Sree Srinivasa Aided Upper Primary School, Electrical Colony, CUMBUM, Prakasam District, rep by its Correspondent P. Pullaiah 3 Sree Srinivasa Aided High School, Nehru Nagar, CUMBUM, Prakasam District, rep by its Correspondent P. Pullaiah ..... PETITIONER(S) AND 1 State of Andhra Pradesh, Rep by its Secretary, School Education Department, Secretarait, Hyderabad. 2 State of Andhra Pradesh, Rep by its Secretary, Finance Department, Secretarait, Hyderabad. 3 Director of School Education, Andhra Pradesh, Hyderabad. 4 Director of School Education, Ongole, Prakasam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents herein to release the maintenance grant payable to the petitioners 1 to 3 in full in accordance with GO Ms.No. 320, Education Department, dated 16-9-1994 after declaring the in-action of the respondents in releasing the same as arbitrary and illegal and pass Counsel for the Petitioner:MR.B.V.S.SIVARAMA PRASAD Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : O R D E R:- This writ petition is filed seeking a direction to the respondents to release the maintenance grant payable to the petitioners in full in accordance with G.O.Ms.No.320, dated 16.9.1994 issued by the Government. The petitioners, which are private educational institutions, assert that they were admitted to grant-in-aid by the Government of Andhra Pradesh in the years 1971, 1992 and 1998 respectively and they are entitled to Maintenance Grant to be paid by the Government to meet their expenditure relating to maintenance, electricity, taxes, salaries to contingent staff, office stationery, etc. Further, the Government in GO.Ms.No.320, dated 16.9.1994, fixed the quantum of maintenance grant payable to the petitioners. Now, the petitioners’ grievance is that though they furnished all the required particulars and made several requests, the Government has not paid them the maintenance grant in full. The learned government Pleader for Education appearing for the respondents has submitted that G.O.Ms.No.320 dated 16.9.1994 is no more in existence, and in its place, A.P. Private Educational Institutions Maintenance Grant (Regulation)(Amendment) Act, 2007 or Act 34 of 2007 came into existence with effect from 19.9.2007. It is further submitted that as per the provisions of the said Act, arrears of maintenance grant are restricted to only three years. Once it is clear even from the provisions of the amended Act, which came into force in the year 2007, that the petitioners are entitled to maintenance grant which is restricted to three years, the authorities are duty bound to pay the maintenance grant. Hence, this writ petition is disposed of at the admission stage directing the respondents to consider the petitioners’ cases and release the arrears of maintenance grant as per the provisions of Act 34 of 2007 within a period of six weeks from the date of receipt of a copy of this order. No costs. ______________ 15.12.2008 Note: Furnish copy in three days B/o bcj