Hindu College High School, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.31320 OF 2014 ORDER:

This writ petition is filed challenging the action of the respondents in not paying maintenance grants to the petitioner schools in terms of G.O.Ms.No.320, Education (PS.2), Department, dated 16-09-1994 for the years, 2012-13 and 2013-14.

2. All the petitioner schools were recognized schools and were receiving grants-in-aid from the State Government as per Rule 27 (A) (ii) of the Grant-in-Aid Code and entitled for maintenance grant of 10% of the teaching grant to meet the expenditure.

3. The 3rd respondent filed counter-affidavit stating that the Government fixed the percentage of Maintenance Grant vide, G.O.Ms.No.320, Education (PS-2) Department, dated 16-09-1994 for each financial year commencing from 1st April.

As per the said Government order, the maintenance grant for the petitioner schools is 2% w.e.f. 01-04-1992 onwards. All the petitioner aided institutions are eligible and entitled to receive the Maintenance Grant. They submitted factual position to the Commissioner & Director of School Education, A.P. Hyderabad, vide its letters, dated 12-03-2014, 17-12-2014, 19-12-2014 and 30-06-2015 and due to non-receipt of sanction from the Government, they are not able to release the Maintenance Grant to the petitioner schools.

4. In the circumstances, the 1st respondent is directed to consider the case of the petitioner schools pursuant to the report submitted by the 2nd respondent on the above dates and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order.

5. Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed. _______________________________ A.RAMALINGESWARA RAO, J DATED: 21-04-2016 Hsd