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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.SREENIVASA REDDY
Prakasam Aided Upper Primary School – Appellant
Versus
The State Of Andhra Pradesh, Rep., By Its Principal Secretary, School Education Department – Respondent
| Table of Content |
|---|
| 1. challenge to the non-release of maintenance grant (Para 1 , 2) |
| 2. universality of maintenance grant entitlement established (Para 3 , 4 , 5 , 6) |
| 3. order to submit documents for grant processing (Para 8) |
ORDER :
K. SREENIVASA REDDY, J.
This Writ Petition is filed challenging the action of 3rd respondent in issuing Proceedings vide Rc.No.965/C2/2025, dated 26.04.2025 and in not releasing the maintenance grant-in-aid at 6% to the petitioner’s school for the years 2022-23, 2023-24 and 2024- 25 totaling an amount of Rs.4,50,944/- as illegal and arbitrary and consequently to set-aside the same and to direct the respondents to release the aforesaid pending arrears.
2. The contents of the affidavit filed in support of the Writ Petition, in brief, are that, the petitioner school was established in the year 1982 and got aided recognition on 01.04.1992 and the said recognition remains till Academic Year 2027-28. The petitioner school was having strength of around 120 students and there are four teachers working in the school against aided posts.
(b) The petitioner school was started to impart free education to the children in rural areas and in pursuance of the same, the petition
Educational institutions are entitled to maintenance grants based on judicial precedents which prohibit arbitrary and discriminatory practices in grant distribution.
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.
The importance of teacher approval for salary grants and the criteria for granting aid to educational institutions as per the Government Resolutions.
The central legal point established in the judgment is the discriminatory refusal of financial approval by the State Government, in violation of Article 14 of the Constitution of India, despite admin....
The court established that an institution's right to grant-in-aid crystallizes under earlier government orders, and arbitrary denial based on newer policies violates constitutional rights.
Once the decision has been taken to release the grant-in-aid, it should be released uniformly without putting any riders in the same.
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.
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