IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27002 of 2006 Between: St.Paul's Committee Aided Upper Primary School Noonepalli, Nandyal, Kurnool District represented by its Correspondent Sri T.K.Paul s/o T.Krishnaiah, Indian r/o Nandyal, Kurnool District. ..... PETITIONER AND 1 Government of A.P., represented by its Secretary, Education Department, Secretariat, Hyderabad. 2 Commissioner & Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Education Officer, Kurnool, Kurnool District. 4 The Mandal Education Officer, Nandyal, Kurnool 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 writ, order or direction particularly one in the nature of writ of mandamus by declaring the inaction of respondents in granting maintenance grant to the petitioner's aided school at the rate of 6% of the total expenditure incurred on the teaching staff for the academic years 1991-1992 to 2006-2007 despite making representation dated 16-02- 2006 as illegal and arbitrary and consequently direct the respondents to grant maintenance grant at the rate of 6% for the academic years 1991- 1992 to 2006-2007 to the petitioner's aided school and pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice. Counsel for the Petitioner:MR.P.RAVI KIRAN Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 27002 of 2006 ORDER: This writ petition is filed seeking a declaration that the inaction on the part of the respondents in granting Maintenance Grant to the petitioner’s aided school at the rate of 6% of the total expenditure incurred on the teaching staff for the academic years 1991-1992 to 2006-2007, as arbitrary and illegal. The petitioner also sought consequential direction to the respondents to grant Maintenance Grant at the rate of 6% for the academic years 1991-1992 to 2006-2007. A counter affidavit is field by the District Educational Officer, Kurnool on behalf of the respondents stating that the representation of the petitioner was considered in accordance with law and by an order dated 17.2.2007, the petitioner’s request was rejected on the ground that the petitioner was not entitled for the payment of Maintenance Grant at the rate of 6% as per Act No.11 of 1995. A copy of the said order has also been served on the petitioner’s counsel. In the circumstances, it is for the petitioner to challenge the said order dated 17.2.2007. Accordingly, the writ petition is disposed of granting leave and liberty to the petitioner to work out the appropriate remedy as available under law. No costs. _______________ Justice G.Rohini Date:10.06.2009 mrb