THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.19264 of 2006 BETWEEN: 1. Holy Angels Telugu Medium High School, Mukkrampura, Karimnagar rep. by its Correspondent Ch. Malla Reddy, and another. …. PETITIONERS And 1. The Government of A.P. rep. by its Secretary, School Education Departnment, A.P. Secretariat, Hyderabad, and others. …. RESPONDENTS Counsel for petitioners: Sri K.V.N. Bhupal Counsel for respondents: G.P. for School Education & G.P. for Finance & Planning The Court made the following order: ORDER: The petitioner-schools have assailed the orders of the State Government in Rc.No.2870/B4-3/2005 dated 27.05.2006 and the consequential proceedings of the 3rd respondent, viz., the Commissioner and Director of School Education, Hyderabad, in Rc.No.2870/B4-3/2005 dated 17.07.2006 whereby the Government rejected the proposals for admission of posts (teaching and non- teaching) into grant-in-aid. The 1st petitioner-school is said to have been established in the year 1980-81 as an Upper Primary School and upgraded as High School in the year 1983-84. The 2nd petitioner-school was also established in the year 1980-81 as Upper Primary School and upgraded as High School in the year 1984. It is the case of the petitioners that the Government by its orders in G.O.Ms.No.238, Education (SSE) Department dated 27.05.1986 decided to admit to grant-in-aid all the schools in existence as on 1.09.1985, established with the permission of the competent authority, subject to the completion of a minimum period of existence, i.e., five years in respect of boys schools including co-education schools, and three years in respect of girls and oriental schools. The aid would be given with effect from 1.09.1985 subject to fulfillment of conditions enumerated therein. As the Government received several complaints against some schools admitted into grant-in-aid, it constituted a High Level Committee vide G.O.Rt.No.220 Education (SE-1) Department dated 24.02.1988 to enquire into each case and make recommendations for release of grant-in-aid or as the case may be for withdrawal of aid. In as much as the petitioners schools were duly established as on the cut off date i.e., 1.09.1985 and satisfied the conditions prescribed by A.P. Education Act 1982 and A.P. private Educational Institutions Grant-in-Aid (Regulation) Act 1988, they were entitled to receive grant-in-aid. But the claims were rejected on the ground that the strength of the students in 2003-04 and 2004-05 was far below 40 in the case of the 1st petitioner and, in the case of the 2nd petitioner on the ground that there was no response from the management to provide necessary information and the strength was uneconomical and also there was a ban on filling up the posts. The petitioners approached this Court in W.P.Nos.24847 and 24848 of 2004 complaining the action in not extending grant-in-aid with effect from 1.11.1994 on par with similarly situated schools. This Court by an elaborate judgment dated 7.10.2005 found fault with the manner in which the High Level Committee made its recommendations without application of mind and disposed of the writ petitions directing the High Level Committee to reconsider the cases of the petitioners for their entitlement for admission into grant-in-aid keeping in view the guidelines issued by the Government in G.O.Rt.No.220 dated 27.01.1989. On a reconsideration in pursuance of the orders of this Court, the Government passed orders on 27.05.2006. The relevant portion of which, reads as follows. “The Director of School Education, A.P., Hyderabad has stated that in pursuance of the orders of the Hon’ble High Court of Andhra Pradesh in its judgment, dt.7.10.2005 in W.P.No.24847/2004 24848/2004, the petitioners viz., the Correspondent of Holy Angles High School, Mukkarampura, Karimnagar and the Correspondent of Saraswathi Balanandam High School, Ganeshnagar, Karimnagar were called for hearing on 13.04.2006 to express their grievances. But, the petitioners have not attended the hearing. Therefore, based on the records available in his office, the matter was placed before the High Level Committee for re-examination. The High Level Committee, which met on 13.04.2006 has examined the matter and rejected the request/application of the petitioners for admission of the posts into grant-in-aid with following observations: “Though notices were given to the petitioners, they did not turn up for hearing before the High Level Committee. Based on the report submitted by the D.E.O., Karimnagar and in view of the un-economic strength of the Education, dt.24.02.1980 and para 5 of G.O.Ms.No.124, dt.27.01.1989 and decided to reject the application/request in public interest and to safeguard the Government money.” After careful examination of the matter and in view of the recommendations of the High Level Committee, Government hereby reject the proposals for admission of posts (teaching and non-teaching) into grant-in-aid in respect of Holy Angles High School, Mukkarampura, Karimnagar and Saraswathi Balanandam High School, Ganeshnagar, Karimnagar.” Sri K.V.N. Bhupal, learned counsel for the petitioners would contend that the Government rejected the claim by passing a cryptic order without examining the entitlement of the petitioners. The petitioners satisfy the conditions prescribed by A.P. Education Act 1982 and A.P. private Educational Institutions Grant-in-Aid (Regulation) Act 1988, as such they are entitled to receive grant-in-aid. The High Level Committee, which met on 13.04.2006 failed to take into consideration the recommendations of the earlier High Level Committee, which recommended the case of the petitioners for grant- in-aid vide letter Rc.No.1452/D2-4/1994, dated 28.10.1994 of the 3rd respondent herein. The said recommendations would clinchingly establish that the petitioners are entitled for grant-in-aid and the report of the High Level Committee in the instant case alleging that the petitioners have uneconomical strength is only a ruse to reject the legitimate claim of the petitioners. He would submit that earlier when the proposals were rejected, this Court set aside the same and that in identical circumstances, many institutions were admitted to grant-in- aid. The counsel would place reliance on the orders of this Court in W.P.No.20241 of 1999 dated 4.04.2000 wherein the claim of one P. Kasi Reddy, who was an employee of Vivekananda Gurukula Vidyalayam High School (TM) Mahanandi, Kurnool District. He would also rely on similar orders in W.P.No.8405 of 2004 dated 22.04.2008 filed by Lalbahadur English Medium High School, Ananthapur wherein this Court directed the Government to consider the case of the petitioners for admitting the staff of that school to grant-in-aid on par with Sri Vivekananda Gurukula Vidyalayam High School, Mahanandi, Kurnool District. The counsel would submit that the Government accepted the said judgment and implemented the same in Memo No.10090/PSJ/A1/2009, dated 30.07.2009. Similarly, in W.P.No.21755 of 2005 dated 10.02.2011 this Court while setting aside the impugned order therein allowed the writ petition directing the respondents to reconsider the case of the petitioner therein on par with the case of P. Kasi Reddy and another, who were conferred similar benefits as was done in G.O.Ms.No.144 School Education (PS.I) Department dated 1.10.2004. The counsel would therefore submit that the petitioners are similarly situated and entitled for grant-in-aid. The counsel would submit that the impugned order rejecting the claim of the petitioners is discriminatory. There is no dispute that the petitioner-schools were in existence as on 1.09.1985 duly established with the permission of the competent authorities. As such their cases are squarely covered for grant-in-aid subject to satisfying the conditions prescribed by A.P. Education Act 1982 and A.P. private Educational Institutions Grant-in-Aid (Regulation) Act 1988. It is the specific case of the petitioners that notwithstanding the recommendations of the earlier High Level Committee, a High Level Committee, which was constituted on 13.04.2006, examined the claim of the petitioners without notice and opportunity to the petitioners and decided the matter behind their back. The respondents have not denied this specific plea in their counter. A perusal of the record produced during the course of hearing would also show that no notice was issued to the petitioners. It must therefore be held that the observations made in the impugned order that the petitioners did not turn up for hearing before the High Level Committee is factually incorrect. The material referred to by the petitioners and the orders of this Court in the aforesaid writ petitions would clearly indicate that other institutions which were similarly situated were granted grant-in-aid. The respondents in their counter have in fact conceded that the proposals for admission to grant-in-aid in respect of 18 schools including the petitioners herein were placed before the High Level Committee in the year 1994 and proposals were in fact sent to the Government vide letter dated 28.10.1994 for necessary orders. The later High Level Committee therefore ought to have adverted to the same before sending its recommendations. If it had found that the petitioners were ineligible, it should have afforded opportunity to the petitioners. Therefore, the observations of the High Level Committee ought not to have been mechanically accepted by the Government. It is admitted in the counter affidavit that the case of P. Kasi Reddy was admitted in pursuance of the orders of this Court in W.P.No.20241 of 1999 dated 04.04.2000 as a special case for the above 18 schools. Similarly the case of one D. Musal Reddy of Sri Vivekananda Gurukula Vidyalayam High School, Mahanandi, Kurnool District was also admitted as a special case. The respondents are seeking to justify the grant-in-aid in favour of the aforesaid persons as a special case without indicating how their cases are special and different from the case of the petitioners. In view of this, the reasons assigned for rejecting the claim of the petitioners is untenable. In fact taking into consideration these facts, this Court in the case of one G. Sakuntala of Sri Vivekananda Gurukula Vidyalayam High School, Mahanandi, allowed the writ petition in W.P.No.21755 of 2005 dated 10.02.2011 directing the respondents to reconsider the case of the petitioners on par with the case of D. Musal Reddy and P. Kasi Reddy. For the aforesaid reasons and in view of the orders of this Court in W.P.No.21755 of 2005 dated 10.02.2011, the impugned orders rejecting the claim of the petitioners for admission into grant-in-aid are set aside. The writ petition is allowed directing the respondents to reconsider the case of the petitioners on par with the case of D. Musal Reddy and P. Kasi Reddy of Sri Vivekananda Gurukula Vidyalayam High School, Mahanandi, Kurnool District, conferring similar benefits as was done in G.O.Ms.No.144 School Education (PS.I) Department, dated 1.10.2004, after due notice to the petitioners, and pass appropriate orders in accordance with law. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 7th June, 2011. Js.