THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.22041 of 2009 (Dated : 30-06-2010) Between: S.K.T.R.A.U.P.School, Korukonda, Korukonda Mandal, East Godavari District, rep. By its Correspondent …Petitioner A n d State of Andhra Pradesh rep. By its Secretary to Government, School Education Dept. Saifabad, Hyderabad and others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.22041 of 2009 ORDER: This writ petition has been filed by S.K.T.R.A.U.P.School, Korukonda (hereinafter referred to as the petitioner-school”), Korukonda Mandal, East Godavari District seeking a mandamus to declare the action of the respondents in not releasing and paying the maintenance grants in terms of G.O.Ms.No.320, Education Department, dt.16-9-1994 to the petitioner-school as illegal and arbitrary. 2. The petitioner school came to be established after obtaining necessary permission from the competent authority. All private aided institutions were paid maintenance grant to enable them to meet the expenditure like maintenance of electricity charges, telephone rent, office stationery, water tax, contingent salaries, repairs and upkeep of buildings, class rooms etc. As per Rule 27(A)(ii) of the Grant-in-Aid code, all the private aided institutions are entitled to maintenance grant equivalent to 10% of the estimated expenditure. The petitioner submitted application to the District Educational Officer seeking release of arrears of maintenance grant. There being no action on the part of the respondents, the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India. 3. The respondent filed counter. One S.Dharamraju, District Educational Officer has sworn to the affidavit filed on behalf of the respondents. It is stated in the counter affidavit that proposals have been submitted on 21.01.2009 for sanction of Grant arrears from April to March of 2005-06, 2006-07 and 2007-2008 for an amount of Rs.42,810/-. Certain amount has already been received by the petitioner school. The amount that is required to be released by the petitioner-school is Rs.42,810/-. Paragraph (7) of the counter affidavit need to be noted and it is thus:- “ It is submitted in the case of the Writ Petitioner School, the proposals have been submitted on 21.01.2009 claiming arrears of M.G.Grant from April to March of 2005-06, 2006-07 and 2007-08 towards for an amount of Rs.42,801/-. It is also submitted an amount of Rs.10,989/- out of Rs.53,779/- of the MG grant due to the petitioner’s school from 2005-06 to 2007-08 has already been paid to the petitioner’s school. An amount of Rs.42,810/- is due for payment of the MG grant to the petitioner’s schools. The payment was not made due to non availability of budget during this year. As already stated necessary proposals have already been sent to Government through DSE for allocation of funds. As and when funds are allocated by Government, the amount will be sanctioned to the petitioner school as per eligibility in terms of rules”. 4. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for School Education appearing for the respondents. 5. It is an admitted fact that all the private aided institutions were paid maintenance grant to enable them to meet the expenditure like maintenance of electricity charges, telephone rent, office stationery, water tax etc. It is stated that all the private aided institutions are entitled to 10% of the teaching grant to meet the said expenditure. Indeed, the respondents released a part of the amount as claimed by the petitioner. The left over grant works out to Rs.42,810/-. In that view of the matter, the Writ Petition is disposed of directing payment of Rs.42,810/-, by the respondents which is due to the petitioner towards maintenance grant within eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________ B.SESHASAYANA REDDY, J Dt.30-06-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.22041 of 2009 (Dated : 30-06-2010)