Andhra Pradesh High Court
WP/17962/2026 of P.L.K. Aided Primary School Vs The State of Andhra Pradesh on 6 July 2026
for orders : ----- Date of pronouncement : 07-07-2026 Date of uploading : 08-07-2026 APHC010324552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION
Date of reserved for orders : -----
Date of pronouncement : 07-07-2026
Date of uploading : 08-07-2026
APHC010324552026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE 7th DAY OF JULY 2026
PRESENT
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1. P.L.K. AIDED PRIMARY SCHOOL, REPRESENTED BY ITS CORRESPONDENT SRI. B. CHITTIBABU PALAKOL, WEST GODAVARI DISTRICT, ANDHRA PRADESH.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
SCHOOL EDUCATION DEPARTMENT,
TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.522238
2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.522238
3. THE COMMISSIONER OF SCHOOL EDUCATION, VENKATADRI TOWERS, OPP. DGP OFFICE BESIDES HAPPY RESORTS, ATMAKUR, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH.522503
4. THE DISTRICT EDUCATIONAL OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH.534201
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, more in the nature of Writ of Mandamus declaring the action of the Respondents is not releasing the maintenance grant towards the Petitioner institution for the academic years 2025-26 @ 6 percent grant in aid towards the Petitioner institution to a tune of Rs.70,567/- (Seventy Thousand Five Hundred Sixty Seven -Rupees). Basing on the proposal submitted by the Petitioner institution on 25-05-2026 despite the issue is settled by this Honourable High Court holding the Private Aided Managements are entitled for the Maintenance Grant @ 6 percent as being arbitrary, illegal, and motivated, violating Article 14 of the Constitution of India and consequently direct the Respondents to forthwith release the Maintenance Grant @ 6 percent due to the Petitioner institution and further take steps to release the arrears and continue to pay the Maintenance Grant @ 6 percent and issue IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to release the Maintenance Grant @ 6% to the Petitioner institution for the academic years 2025-26 to a sum of Rs.70,567/- (Seventy Thousand Five Hundred Sixty Seven Rupees), pending disposal of the Writ Petition, in the interest of justice and pass Counsel for the Petitioner:
1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S):
1. GP FOR SCHOOL EDUCATION
2. GP FOR FINANCE PLANNING
The Court made the following Order:
Heard Sri Vijay Mathukumilli, learned counsel for the petitioner and the learned Assistant Government Pleader for School Education appearing for the respondents.
2. The instant Writ Petition is filed seeking a direction to the respondents to release the maintenance grant to the petitioner’s Institution for the academic year 2025-26.
3. When the matter has been taken up for consideration today, both the learned counsel submitted that the issue involved in the present Writ Petition is squarely covered by the earlier Judgments rendered by this court in W.P.No.3449 of 2003 dated 30-09-2016 wherein it was held that: “21. In any view of the matter, the contention of the learned Government Pleader is that the petitioner is not entitled to maintenance grant in view of G.O.Ms.No.320, which was struck down by this Court in the Judgment referred supra. Even otherwise, the discriminatory attitude of the Government giving concession to one educational institution and denying benefit to the petitioner’s educational institution cannot be encouraged by the Courts, since it is arbitrary and discriminatory in not releasing grant-in-aid to the petitioner’s association whose object is to provide free education. In those circumstances, this Court has no option except to hold that the inaction of the respondents is arbitrary in not releasing the maintenance grant-in-aid to the petitioner’s educational institution and consequently, I hold that the petitioner is entitled to all the benefits as decided in Recognised Schools Managements Associations case. Hence, the respondents are directed to work out maintenance grant @6% and arrange to pay the same within a period of three months from the date of receipt of copy of this order to the petitioner’s educational institution, on par with other Schools.
22. With the above direction, the Writ Petition is allowed.”
4. Following the above order, this Writ Petition is allowed, in terms of the observations and directions of this Court in the said case. There shall be no order as to costs.
5. Registry is directed to append a copy of the order passed by this court in W.P.No.3449 of 2003 dated 30-09-2016 to this order.
As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 07-07-2026 MSI
Whether the order is: Speaking
Reasoned ☑ Reportable
Non-reportable ☑
Dated: 07-07-2026 MSI