THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :27270 of 2007 Date: 23.6.2010 Between: Hindu College & High School, Guntur and others. ..... PETITIONERS AND The State of A.P. rep. by its Secretary to Govt. education Department and others. .....RESPONDENTS Counsel for the Petitioners : Mr.N. Sriram Murthy Counsel for the Respondent Nos. 1 to 4 : A.G.P. for Education The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :27270 of 2007 ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the action of the respondents in not paying the maintenance grants to the petitioners’ schools in terms of G.O.Ms. No. 320 Education (PS.2) Department, dated 16.9.1994, for the academic years 2004-05, 2005-06 and 2006-07 as illegal and arbitrary. The petitioners are recognised private un-aided schools. Under G.O. Ms. No. 320 as referred to above, the State Government has fixed quantum of percentage of maintenance grant for each financial year commencing from 1st April, 1978. The grievance of the petitioners is that from the academic year 2004-05, the same has not been made released to the petitioners. No counter affidavit is filed. At the hearing, learned counsel for the petitioners placed reliance on the order dated 13.4.2005 in Writ Petition No. 7518 of 2005. A perusal of this order indicates that a similar writ petition filed for maintenance grant for the years 2002-03 and 2003-04 was allowed following the judgment of this Court in Writ Petition 19400 of 2001,dated 18.9.2001. While not disputing the above fact, learned Assistant Government Pleader placed reliance on proviso to Section 3 of the Andhra Pradesh Private Educational Institutions Maintenance Grant (Regulation) Act 1995, and submitted that the petitioners are not entitled to the arrears of maintenance grant beyond a period of three years from the date on which it has become due. In this case, the petitioners claimed maintenance grant from the years 2004-05. By the time, the present writ petition was filed, the arrears of maintenance grant were payable for three years. Therefore, the petitioners’ claim for maintenance grant from the year 2004-05 is not hit by the above mentioned proceedings as the claim was not for a period beyond three years. In this view of the matter, the writ petition deserves to be allowed and the same is accordingly allowed. The respondents are directed to pay maintenance grant to the petitioners in terms of the prayer made by them in this writ petition, within a period of three months. Subject to the above directions, the writ petition is allowed. No costs. __________________________ C.V. NAGARJUNA REDDY,J DATE: 23rd June, 2010 pnb