IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NOs: 4808, 5173 and 5194 of 2008 WRIT PETITION NO.4808 OF 2008 Between: A.A.Upper Primary School, Madduru Kankipadu(M) Krishna Dist rep.by its Manager & Correspondent B.Devarajulu ..... PETITIONER AND 1 Government of A.P, rep.by its Secretary School Education Secretariat Buildings Hyd. 2 The Commissioner& Director of School Education Saifabad Hyd 3 The D.E.O Machilipatnam,Krishna Dist ....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 an appropriate the 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 school in terms of G.O.Ms.No.320 dt.16-9-1994 for the period of 2004-2005 to 2006-2007 and consequently to direct the respondents to forthwith pay the Maintenance Grant to the petitioner school and to pass Counsel for the Petitioner:MR.B.P.RAJU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 5173 of 2008 Between: 1 P.L.Aided High School Palakol W.G Dist Rep.by its Correspondent B.Mercy Bai 2 S.P.M.Aided Night High School, Jinnuru West Godavari Dist Rep.by its Correspondence B.Mercy Bai ..... PETITIONERS AND 1 The Govt.of A.P Rep.by its Seretary School Education Secretariat Buildings, Hyderabad 2 The Director of Schools Education Andhra Pradesh,Hyderabad 3 The Dist Educational Officer Eluru West Godavari Dist ....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, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents as illegal, arbitary and unconstitutional in not paying the Maintenance Grant to the petitioner schools in terms of G.O.Ms.No 320 dt.16-09-1994 for the period of 2004-05 to 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 Respondent No.: GP FOR SCHOOL EDUCATION WRIT PETITION NO : 5194 of 2008 Between: B.E.M. Aided High School, Municipal Colony, Rajahmundry, Rep. by its Manager & Correspondent B. Mercy Bai. ..... PETITIONER 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. ....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 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's School in terms of G.O.Ms.No. 320 dt.16-9-1994 for the period of 2004-2005 to 2006-2007 and consequently to direct the respondents to pay the Maintenance grant to the petitioner's school forthwith and pass Counsel for the Petitioner:MR.B.P.RAJU Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : COMMON ORDER:- 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 16-09-2004, read with Andhra Pradesh Ordinance No.9 of 2007 and this exercise shall be completed on or before 30th June, 2008. The writ petitions stand, accordingly, disposed of, but however, without costs. _________________________ NOOTY RAMAMOHANA RAO,J Dated 14th March, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Secretary School Education, Government of A.P., Secretariat Buildings Hyderabad. 2 The Commissioner& Director of School Education Saifabad Hyderabad. 3 The D.E.O Machilipatnam,Krishna Dist 4 The Dist Educational Officer Eluru West Godavari Dist 5 The District Educational Officer, Kakinada, East Godavari District. 6 2CCs to G.P. for School Education 7 2CD copies Form-NIC-OGS/WP{BMR}