IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 10034 of 2008 Between: 1 Sri Bramaramba Aided U.P.School, Cumbum, Prakasam District. Rep by its Correspondent, Smt. K.Laksmi Devi. 2 A.M.Aided Primary School, Bhethalpuram of Dhonakonda, Prakasam District. Rep by its Correspondent, M.I.V.Prasad. 3 S.B.N.R.M..Aided Primary School, Ramavaripalle, Prakasam District. Rep by its Correspondent, Sri B.Narayana Reddy, 4 S.B.N.R.M..Aided Primary School, Kothapalle, Prakasam District. Rep by its Correspondent, Sri B.Narayana Reddy, 5 S.B.N.R.M..Aided Primary School, Obulapuram, Prakasam District. Rep by its Correspondent, Sri B.Narayana Reddy, 6 S.B.N.R.M..Aided Primary School, Komarole, Prakasam District. Rep by its Correspondent, Sri B.Narayana Reddy, 7 S.B.N.R.M..Aided Primary School, Shivaji Nagar, Prakasam District. Rep by its Correspondent, Sri B.Narayana Reddy, 8 S.B.N.R.M..Aided High School, Komarole, Prakasam District. Rep by its Correspondent, Sri B.Narayana Reddy, 9 S.B.N.R.M..Aided High School, Kothapalle, Prakasam District. Rep by its Correspondent, Sri B.Narayana Reddy, 10 Nirmala Aided U.P.School, Komarole, Prakasam District, Rep by its Correspondent, Sri. M.Janardhana Reddy, 11 G.S.S.T. Aided High School, Karedu, Prakasam District, Rep by its Correspondent, Smt. E.Rajeswari, 12 G.S.S.T. Aided Primary School, IInd Ward, B.C.Colony, Karedu, Prakasam District, Rep by its Correspondent, Smt. E.Rajeswari, 13 G.S.S.T. Aided Primary School, Karedu, Prakasam District, Rep by its Correspondent, Smt. E.Rajeswari, 14 Hindu A.U.P.School, Kothapalle, Prakasam District. Rep by its Correspondent, Sri K.Pichi Reddy, ... PETITIONERS AND 1 The Government of Andhra Pradesh, rep by its Secretary, School Education Department, Andhra Pradesh, Hyderabad. 2 The Government of Andhra Pradesh, rep by its Secretary, Finance Department, Andhra Pradesh, Hyderabad. 3 Director of School Education, Andhra Pradesh, Hyderabad. 4 The District Educational Officer, Ongole , Prakasam district. ...RESPONDENTS 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 declaring the action of the respondents in not releasing the maintenance grant to the petitioner school in terms of G.O.MS.No.320, Education , dated 16-9-1994 as illegal, arbitrary, and unconstitutional and consequently direct the respondents to release the maintenance grant to the petitioners. Counsel for the Petitioner:MR.D.RAMESH Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : O R D E R: The petitioners are Educational Institutions, admitted to Grant- in-aid. They have approached this court, with a prayer to direct the respondents, to release the Maintenance Grant, placing reliance upon G.O.Ms.No.320, Education Department, dated 16.9.1994, as well as Ordinance 9 of 2007, amending the A.P. Private Educational Institutions Maintenance Grant (Regulation) Act 1995 (for short “the Act”). Heard the learned counsel for the petitioners and learned Government Pleader for School Education. With a view to improve the efficiency of the Private Educational Institutions, admitted to Grant-in-aid, the Government had initiated number of measures, one such being the provision of Maintenance Grant, up to 2% of the amount of salary being released for the teachers of the institution. The Act has also been amended, through an Ordinance, to provide for the same. There is no reason why the petitioners be not extended the same. The writ petition is disposed of, directing the respondents to consider the case of the petitioners, for releasing the Maintenance Grant, in accordance with the relevant provisions of law, within a period of six weeks, from the date of receipt of a copy of this order. There shall be no order as to costs. ______________ 1st May 2008 PAN