IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8378 of 2004 Between: Krushi Vidya Niketan High School, Allagadda, Kurnool Dist rep. by its S. Jeelan Basha Allagadda Kurnool distriact. ..... PETITIONER AND 1 Govt of A.P., rep. by its Secretary, School Education Department, Secretariat, Hyderabad. 2 The Commissioner and Director of School Education Saifabad, Hyderabad. 3 The Regional Joint Direcator of School Education, Cuddpah. 4 The Distriact Educational Officer, Kurnool. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issued a writ, order or orders direction more particularly one in the nature writ of mandamus declaring the action of the respondents 1 and 2 herein not admitting the petitioner school 9 unaided posts into grant in aid on par with the other school which are similarly situated. Counsel for the Petitioner: MR. K.V.N.BHUPAL Counsel for the RespondentS.: GP FOR EDUCATION The Court made the following : ORDER: This writ petition has been filed by Krushi Vidya Niketan High School, Allagadda, represented by its Correspondent S.Jeelan Basha assailing the action of the Secretary, School Education Department, Hyderabad-1st respondent and the Commissioner and Director of School Education, Hyderabad-2nd respondent in not admitting 9 unaided posts in the petitioner-School into grant-in-aid on par with the other schools which are similarly situated. 2. The petitioner school was established on 18.07.1995 as a primary school and got recognition on 12.12.1976 and the school was admitted to grant-in-aid on 12.06.1981. Subsequently, the school was upgraded to upper primary school in the year 1982 and thereafter, it was further upgraded to High School in the year 1992. The District Educational Officer, Kurnool, vide his proceedings Rc.No.11338/B3/93, dated 23.05.1994, bifurcated the petitioner School into Class I to V and VI to X and granted renewal of recognition to the High School upto the academic year 2004-2005 vide D.Dis No.832/B2/2001, dated 16.02.2001. On 24.06.1992 the petitioner School created nine unaided posts and appointed certain persons in accordance with law and as per staff pattern of the high school norms and guidelines issued by the 2nd respondent. The petitioner School fulfilled all the required conditions prescribed in Rule 15(4) of GO Ms.No.524, dated 20.12.1988. It is the further case of the petitioner School that the District Educational Officer, Kurnool, vide L.Dis.No.2135/C6/2003 dated 13.05.2003 sent proposals for admission of 9 unaided posts to grant-in-aid, but it was not considered by the respondents. Finding no action on the part of the respondents on the said proposals, the petitioner School filed W.P.No.23763 of 2002 seeking a direction to the respondents to admit the nine posts to grant-in-aid and to release necessary funds with immediate effect. The said writ petition came to be disposed of on 28.11.2002. The relevant portion of the order dated 28.11.2002 reads as hereunder: “To streamline the matter of admission of institutions as well as posts in the grant-in-aid, the Government has constituted a high level committee to consider such proposals and to take appropriate decisions. In several matters, this Court directed that the matters including to such admissions into grant-in-aid be placed before the High Level Committee and appropriate decision be taken within stipulated time. Accordingly, the present Writ Petition is disposed of directing the respondents 1 and 2 to place the matter before the High Level committee and to take other necessary steps in the mater of admission of the posts referred to above into grant-in-aid in accordance with law. The above exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this Order. No costs.” The grievance of the petitioner School is that though the said order was passed on 28.11.2002, so far the respondents have neither considered the case of the petitioner School for admission of 9 posts into grant-in- aid nor placed the matter before the High Level Committee constituted as per GO Rt.No.220 Education dated 24.02.1988. 3. The respondents filed counter-affidavit. It is stated in the counter- affidavit that the management of petitioner School was permitted to create nine unaided posts viz., HM-1, B.Ed. Asst.(Maths)-1, SGT-2, PET- 1, Jr.Asst.-1, Record Asst.-2 and Attender-1, subject to the condition that there should be no financial commitment to Government. It is further stated that as per the judgment dt.28.11.2002 passed in WP No.23763 of 2002, the petitioner School was directed to furnish the proposals in the proforma prescribed vide Proceedings L.Dis.No.2135/C6/03, dated 23.05.2003 and the proposals received from the petitioner School were submitted to the Commissioner and Director of School Education, A.P., Hyderabad for placing before the High Level Committee and to take other necessary steps in the matter of admission of the post referred to above into grant-in-aid in accordance with law, vide letter Rc.No.2135/B3/03, dated 25.09.2004 and orders are awaited. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for School Education appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that the petitioner School has been in existence since the year 1976 and therefore, the petitioner School is entitled for admission into grant-in-aid for the nine posts referred above and the proposal for admission of the said nine posts in to grant-in-aid is pending with the respondents. 6. Learned Government Pleader for School Education appearing for the respondents submits that the petitioner School was permitted to create nine posts referred to above subject to the condition that there should be no financial commitment to Government and therefore, the said nine posts cannot be admitted to grant-in-aid. 7. Sections 3 and 4 of the Act deal with the regulation of grant-in-aid to private education institutions, additional sections and posts and they read as hereunder: Sec.3. Regulation of grant-in-aid to private educational institutions – (1) Notwithstanding anything contained in G.O.Ms.No.238, Education (SSE) Department, dated the 27th May, 1986 and G.O.Ms.No.42, Education (CE) Department, dated the 19th September, 1985, -- (a) no private educational institution other than a college established after the 1st April, 1977 and existing on the 1st September, 1985 and no private college established after the 1st April, 1977 and existing on the 1st March, 1985 shall be entitled to receive any grant-in-aid (unless the Committee concerned constituted in G.O.Rt.No.220, Education (SSE-I) Department, dated t5he 24th February, 1988 as modified in G.O.Rt.No.124 Education (SSE-I) Department, dated the 27th January, 1989 and the Government Memo. No.245/SSE-I/889-1, Education Department, dated the 9th February, 1989 recommends that it may be admitted to grant-in-aid. (b) No private educational institution other than a College which has been established after the 1st September, 1985 and no private college which has been established after the 1st March, 1985 shall be entitled to receive any grant-in-aid. (2) A private educational institution referred to in clause (a) of sub- section (1) in favour of which the Committee recommends the release of grant- in-aid shall be entitled to such grant only from the date it satisfies all the conditions for admission to grant-in-aid specified in the Andhra Pradesh Education Act, 1982 and the Rules made thereunder, the grants-in-aid Code and the orders and other instructions issued by the Government from time to time in this behalf. Sec.4. Release of grant-in-aid in respect of certain additional sections and posts:-- Notwithstanding anything contained in G.O.Ms.No.344, Education (SSE) Department, dated the 22nd July, 1985, no school admitted to grant-in-aid prior to the 1st April, 1977 shall be entitled to receive any grant-in- aid with respect to any additional sections opened or posts created after the 1st April, 1977 (unless the Committee concerned constituted inG.O.Rt.No.220, Education (SSE-I) Department, dated the 24th February, 1988 as modified in G.O.Rt.No.124,Education (SSE-I) Department, dated the 27th January, 1989 and the Government Memo.No.245/SSE-I/89-1, Education Department, dated the 9th February, 1989 recommends the release of Grant-in-aid in respect of such additional sections and posts.” 8. A perusal of the Section 4 of the Act makes it clear that no private educational institution established after 1st April, 1977 shall be entitled to receive grant-in-aid unless the High Level Committee recommends that such educational institution may be admitted into grant-in-aid. Therefore, there is no bar for considering the case of the petitioner School for admitting the nine posts referred above into grant-in-aid, if they are otherwise entitled. Indeed the learned Single of Judge of this Court in W.P.No.7356 of 2001 (In Sri Sarada High School rep. by its Secretary and Correspondent K.C.Nagi Reddy v. Govt. of A.P., rep. by is Secretary, Education Department, Hyderabad & ors.) considered the question and observed as hereunder: “A perusal of the above section makes it clear that no private educational institution established after 1st April, 1977 shall be entitled to receive grant-in-aid unless the High Level Committee recommends that such educational institution may be admitted into grant-in-aid. Therefore, the above provision has no bar for considering the case of the petitioner-school for admitting certain posts into grant-in-aid, if they are otherwise entitled. So, this aspect of the case has not been properly dealt with or considered by the High Level Committee to consider the case of the petitioner in pursuance of the recommendations made by 3rd and 4th respondents. Appropriate decision has to be taken by the High Level Committee whether to admit certain posts of the petitioner-school into grant-in-aid or not. Therefore, the impugned order dated 8.4.2004 is set aside directing the 1st and 2nd respondent to place the matter before the High Level Committee and the High Level Committee shall take appropriate decision in accordance with the rules within eight weeks thereafter. The writ petition is disposed of accordingly.” Indisputably, the representation of the petitioner School for admission of the 9 unaided posts into grant-in-aid is still pending with the government for consideration. 9. In that view of the matter, the writ petition is disposed of directing the respondents 1 and 2 to consider the representation of the petitioner School, which appears to have been forwarded by the respondents 3 and 4, and pass appropriate orders within two months. No costs. __________________________ B.SESHASAYANA REDDY, J. Date:02nd July, 2009. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}