IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL,TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 6864 of 2008 Between: 1 Vigjanna Pradayani Aided UP School, S.S.Metta Rajahmundry, East Godavari District, rep.by its Correpondent T.Srinivas 2 Power Res.Aided UP School, Andhra Nagar, Rajahmundry East Godavari District, rep.by its Correspondent V.Sudhakara Rao 3 Kpya Aided Ele.School, China Ramanayya Peta Devipatnam Mandal, East Godavari District Correspondent V.Prabhavathi 4 Nirmal Residential Aided School Ashram Street Alcot Gardens, Rajahmundry, East Godavari District rep.by its Correspondent K.V.Ratnam 5 Ester Axene Residential Aided High School, Konthamuru, Rajahmundry, East Godavari District rep.by its Correspondent K.Prabhakara Rao 6 Ester Axene Residential Aided Elementary School Konthamuru, Rajahmundry, East Godavari District rep.by its Correspondent K.Prabhakara Rao ..... PETITIONER(S) AND 1 The Government of Andhra pradesh, rep.by its Secretary School Education, Secretariat Buildings, Hyderabad 2 The Director of School Education, Andhra pradesh Hyderabad 3 The District Educational officer, Kakinada East Godavari District .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents as illegal,arbitrary, and unconstitutional in not paying the Maintenance Grant to the petitioner schools in terims of G.O.Ms.No.320 dated 16.9.1994 for the period of 2004-05, 2005-06 and 2006-07 and consequently to direct the respondents to pay the Maintenance Grant to the petitioner schools forthwith and pass Counsel for the Petitioner:MR.B.P.RAJU Counsel for the Respondents: GP FOR SCHOOL EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.6864 of 2008 O R D E R: Heard the learned counsel for the petitioners and the learned Government Pleader for School Education. It is the claim of the petitioners that the schools run and managed by them had been admitted to grant-in-aid by the State Government, but however, for certain inexplicable reasons, the maintenance grant, which is liable to be released to them, has not been released for the past three years notwithstanding the fact that the State Government passed orders through their G.O.Ms.No.320, Education Department, dated 16.09.1994 trying to regulate this very exercise. The State Government has made it clear that the maintenance grant admissible and payable to any educational institutions beyond three years period shall be adjusted against future grants payable. Subsequently, the Governor of Andhra Pradesh has promulgated Ordinance No.9 of 2007 amending the Andhra Pradesh Private Educational Institutions Maintenance Grant (Regulation) Act, 1995 by adding a proviso to sub-section (1) of Section 3 of the said Act. I, therefore, consider it appropriate that the respondents shall take all such necessary steps and measures for the purpose of releasing maintenance grant in favour of the Schools in strict compliance of the directions issued by the State Government contained in G.O.Ms.No.320, Education Department, dated 16.09.1994, read with Andhra Pradesh Ordinance No.9 of 2007 and this exercise shall be completed on or before 30th June,2008. The writ petition stands disposed of, but however, without costs. _________________________ NOOTY RAMAMOHANA RAO,J Dated 9th April, 2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}