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TARLADA RAJASEKHAR RAO
Management of St. Mary Fathima – Appellant
Versus
State of A. P. – Respondent
ORDER :
1. The issue in all the Writ Petitions is for payment of maintenance grant @ 6% to the petitioners-institutions. As such, all the Writ Petitions are being disposed of by this common order.
2. Averments made in the writ affidavits filed in support of the Writ Petitions:
Educational institutions are entitled to a maintenance grant of 6% as per prior court orders, but must comply with statutory requirements for claims within three years of becoming due.
Educational institutions are entitled to maintenance grants based on judicial precedents which prohibit arbitrary and discriminatory practices in grant distribution.
The obligation of the State to provide free education under Article 21A does not create an automatic right for private institutions to receive recurring grants from the government.
The Right to free education does not confer entitlement to recurring aid for all private primary schools; compliance with legal requirements is essential for salary claims against the State.
The court affirmed the right to maintenance grant for the primary section of an institution, emphasizing its integral relationship with the main institution under the Act of 1971.
The importance of following committee recommendations, principles of natural justice, and equal treatment of institutions in grant-in-aid decisions.
The right to grant-in-aid is not absolute and depends on state financial policy, thereby, limitations on salary grants imposed by the State are lawful.
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