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2014 Supreme(AP) 1352

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. Chandra Kumar, J.
The Government of Andhra Pradesh and Ors. – Appellant
Vs.
K. Hanmi Reddy and Ors. – Respondent
Review W.P.M.P.(SR) No. 176929 of 2014 in W.P. No. 9051 of 2012
Decided On : 03.12.2014

Advocates:
Advocate Appeared:
For Respondents/Defendant: G. Rajeshwar Rao

Headnote:

A.P. Grant-in-Aid Regulation Act, 1988 - Section 3 - Permission of competent authority and have completed minimum period of their existence of five years in respect of boys schools and co-education schools three years in respect of girls schools and four years in respect of Oriental Schools be admitted to grant-in-aid - Which were opened with permission of competent authority and have completed five years of their existence in respect of Men's Colleges and three years of their existence in respect of Women's Colleges be admitted to grant-in-aid -;Education Department - Qualified teaching and non-teaching staff - For sake of convenience parties will be after referred to as per their array in writ petition - Petitioner praying this Court to review order - Government of Andhra Pradesh issued to sanction the grant in aid to new un-aided schools which were opened or upgraded after with prior permission of competent authority and existing as on - Respondent school applied to Director of School Education in year on the ground that it was established after and was existing as on with permission of competent authority –Thereafter said approached this Court and filed another of this Court allowed said writ petition on holding that financial stringency cannot be a ground to deny benefit accrued to an individual covered by any policy - Held, Now it is not in dispute that primary education has become a fundamental right in view of Article of Constitution of India and Right to Education Act has been enacted in furtherance of Article of Constitution of India - Constitutional validity of Right to Education Act has been upheld by Apex Court in case between Society for Unaided Private Schools of case - Various schemes have been introduced to improve elementary education and enhance academic standard and to provide basic facilities to students is one of schemes introduced by Government main object of said scheme is to enhance standard of education - State is corresponding obligation to implement provisions of Right to Education Act - Now there is sharing pattern of fund between Central Government and State Government in implementation of Right to Free and Compulsory education Act and in view of scheme - Petition dismissed (Para 99)

ORDER :

B. Chandra Kumar, J.

1. This review has been filed by the petitioner praying this Court to review the order dated 25.04.2013 passed in W.P. No. 9051 of 2012 by this Court.

2. The petitioners 1 to 4 herein are the respondents 1 to 4 and respondents 1 to 9 herein are the petitioners respectively in the writ petition and the tenth respondent herein is the fifth respondent in the writ petition. For the sake of convenience, the parties will be hereinafter referred to as per their array in the writ petition.

3. In view of the scope of the review petition, there is no need to pass a detailed order, but however, in view of the points raised in the matter and in view of the importance of the issue, I am inclined to pass a detailed order.

4. Before adverting to the arguments advanced by both the learned counsel, the brief necessary facts are as follows:--

"The fifth respondent school herein was established by the Roman Catholic Mission [RCM], Diocese of Nalgonda as High School in the year 1982-83 without any financial aid with the permission of the Government vide G.O. Rt. No. 1546 Education [F] Department dated 11.12.1984 and it is a Non-Minority Institution. Subsequently, the fifth respondent school appointed qualified teaching and non-teaching staff and the petitioners 1 to 4 were appointed against sanctioned unaided posts and their appointments were approved by the District Educational Officer, Mahabubnagar, district vide proceedings Rc. No. C2/3445/1993 dated 29.12.1993 and subsequently the petitioners 5 to 10 were appointed and their appointments were approved vide proceedings Rc. No. C1/742/1998 dated 17.06.1999 and 04.08.1999."

5. The Government of Andhra Pradesh issued G.O.Ms. No. 238 dated 27.05.1986 to sanction the grant in aid to the new un-aided schools, which were opened or upgraded after 01.04.1977, with prior permission of the competent authority and existing as on 01.09.1985. The fifth respondent school applied to the Director of School Education in the year 1994 on the ground that it was established after 01.04.1977 and was existing as on 01.09.1985 with the permission of the competent authority vide G.O. Rt. No. 1546 Education Department dated 11.12.1984 and thus eligible to receive grant-in-aid.

6. While so, the Government constituted a High Level Committee in terms of G.O. Rt. No. 220 Education, dated 24.02.1988, to look into each case for release of Grant-in-Aid and to forward the recommendations for release of Grant-in-Aid and also to withdraw the Grant-in-Aid in respect of certain schools, which are not entitled there for. The High Level Committee came to the conclusion that the fifth respondent school is eligible to receive grant-in-aid from the Government as per Section 3 of A.P. Grant-in-Aid Regulation Act, 1988 (Act 22 of 1988). The fifth respondent school was recommended by the High Level Committee along with other schools in respect of 10 fresh schools, 7 left over schools, and one additional section post for admission into Grant-in-Aid by the Director of School Education of Andhra Pradesh vide Letter Rc. No. 1452/D2-1/94 dated 28.10.1994. The fifth respondent school was shown at Serial No. 3 (Christu Jyothi Vidyanilayam Christianpally Mahabubnagar) in the above recommendations and whereas, Sri Vivekananda Gurukula Vidyalaya High School, Mahanandi, Kurnool District, Lal Bahadur English Medium High School and Sri Satyasai Vidyalayam High School, were shown at serial Nos. 4, 14 and 15 respectively.

7. The Government after receipt of the High Level Committee recommendations by letter dated 28.10.1994, has kept those proposals and recommendations in abeyance without assigning any reasons, even though there was concurrence by the Finance and Planning Department.

8. While so, one P. Kasi Reddy, Un-aided Record Assistant, who was working in Sri Vivekananda Gurukula Vidyalaya High School, Mahanandi, Kurnool District, approached this Court and filed W.P. No. 17726 of 1998 and this Court has disposed of the writ petiti




























































































































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