THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.26031 of 2001 Date: 25.11.2010 Between : Aided Elementary School, Thirumalapuram Village, Pedda Araveedu Mandal, Prakasam District, rep.by its Correspondent Sri S.D.Krupagiri Rao and another. .… Petitioners and Government of A.P., rep.by its Secretary, School Education, Secretariat Buildings, Hyderabad and others. …. Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.26031 of 2001 ORDER : Heard both sides. 2. This writ petition is filed for declaring the action of the 1st respondent in not admitting the post held by the 2nd petitioner in the 1st petitioner school into grant-in-aid scheme as per the proposals sent by the 3rd respondent in proceedings Rc.No.8799/C4/96, dated 29.1.1997, to the 2nd respondent as arbitrary and illegal, and consequently direct the 1st respondent to admit the said post into grant-in-aid scheme and release the grant. 3. So far as the 2nd petitioner is concerned, learned counsel for the petitioners says that the 2nd petitioner has been subsequently selected for the post of Teacher in a Government Elementary School and, therefore, the cause of action for this writ petition insofar as 2nd petitioner does not survive. 4. However, with regard to the 1st petitioner, which is a private Aided Elementary School, its plea in the writ petition is that as per the recommendation of the 3rd respondent i.e., District Educational Officer, Prakasam District, inclusion of the secondary grade post to which 2nd petitioner was appointed in the aided scheme should be considered and the recommendations should be accepted by the Government. 5. A counter is filed by the 3rd respondent and the same is stated to have been filed on behalf of the other respondents also. In the said counter, it is mentioned that the proposals sent by the 3rd respondent are pending before a High Level Committee and the Government have to consider the same after receiving the recommendations of the High Level Committee. 6. It may be noted that this Court, sitting under Article 226 of the Constitution of India, cannot give a positive direction to the Government to grant the relief sought for by the 1st petitioner. 7. In the circumstances, as the counter of the 3rd respondent itself indicates that the proposals are pending before the High Level Committee, the 1st respondent-Government shall consider the matter and take a decision, one way or the other, on the criteria governing the matter of grant-in-aid, within a period of three months from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is disposed of with the above direction. There shall be no order as to costs. ____________________________ JUSTICE N. RAVI SHANKAR 25.11.2010. Msr THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION No.26031 of 2001 25.11.2010 (Msr)