Angara Pandithacharyulu and Others vs Government of Andhra Pradesh, Education Department and Others

Syed Shah Mohammed Quadri, J.—The petitioners are the School Assistants of C.B.M. High School, Samalkot. It is stated that the first respondent, the Government of Andhra Pradesh took a policy decision to admit certain schools to grant-in-aid, pursuant to which the above said School was admitted to grant-in-aid by orders issued in G.O. Ms. No. 321 Education Department, dt. 24-7-1986 with effect from 1985. The grievance of the petitioners is that no grant-in-aid was released from 1-3-1986 to 31-3-1987 and therefore they sought a writ of mandamus directing the respondents 1 and 2 to release the funds in respect of the petitioners claim of the salaries for the period from 1-3-1986 to 30-6-1987.

In the counter-affidavit filed by the Assistant Secretary to the Government, the material facts are not disputed. However, in the additional counter-affidavit filed by the Deputy Secretary to the Government on 21-10-1995, it is submitted that the Legislature of the State of Andhra Pradesh passed the Andhra Pradesh Private Educational Institutions Grant-in-Aid (Regulation) Act, 1988 (for short ''the Act'') which was given retrospective effect from 22-7-1985. The validity of that Act was upheld by a Division Bench of this Court by a Judgment in W.A. No. 1961/88 and batch dated 19-11-1988. Pursuant to Section 3 of the said Act, the committee recommended the case of the said C.B.M. High School along with other schools and the school was admitted to grant-in-aid with effect from 1-11-1989 by orders issued in G.O. Ms. No. 326 dated 17-10-1989. It is further submitted that by virtue of Section 2 of the said Act, no educational institution which was admitted to grant-in-aid pursuant to the orders in G.O.Ms. No. 326 dated 17-10-1989 shall be entitled to arrears of grant-in-aid for the period from 1-9-1985 to31-10-1989 and it is added that with effect from 1-11-1989 the School is being admitted to grant-in-aid.

Mrs. Jayashree Sarathy, the learned Counsel for the petitioners has vehemently contended that once the School was admitted to grant-in-aid by the Government that right cannot be taken away; that order still stands and has not been cancelled by any subsequent Government Order; therefore, the petitioners are entitled to the salaries for the period from 1-3-1986 to 30-6-1987.

The learned Government Pleader, on the other hand, contends that having regard to the supervening event of passing of the Act by the State legislature, the orders issued by the Government in G.O.Ms. No. 326 dated 17-10-89 ceased to have any effect. The learned Government Pleader further submits that after the Act any institution can receive grant only in accordance with the terms of the Act and not pursuant to any orders issued by the executive authority.

To appreciate the contentions it would be relevant to note here that the Government by orders issued in G.O.Ms. No. 424 Education (CE) Department dated 19th September, 1985, directed that all unaided Private Degree and Junior Colleges (including Oriental Colleges, Colleges of Education and Colleges of Physical Education) existing on 1-9-1985 which were opened with the permission of the competent authority and have completed five years and if the Colleges are Women''s Colleges and had been in existence for three years, shall be admitted to grant-in-aid. Similar orders were issued with reference to the Schools opened and have been in existence for a requisite number of years. Having received several complaints that the Schools admitted to grant-in-aid have not satisfied the conditions for grant-in-aid, but were enjoying the grant-in-aid, the Government constituted a Committee in G.O.Rt. No. 220, Education (SSE-I) Department, dated 24th February, 1988 to look into each case of grant-in-aid and make a specific recommendation for release of grant-in-aid or for withdrawal of grant-in-aid as the case may be. While the position stood thus, the Government have taken a policy decision to reconsider the cases and the Government of Andhra Pradesh issued Ordinance called the Andhra Pradesh Private Educational Institutions Grant-in-aid (Regulation), 1988. Thereafter the State Legislature passed the Andhra Pradesh Private Educational Institutions Grant-in-Aid (Regulation) Act, 1988 which was published in the Andhra Pradesh Gazette on August 29, 1988 (Act 22/88). The Act was brought into force with effect from 22nd July, 1985. Section 3(1)(a) of the Act which is relevant for our purpose reads as follows:

"(a) no private educational institution other than a college established after the 1st April, 1977 and existing on the 1st September, 1985 and no private college established after the 1st April, 1977 and existing on the 1st March, 1985 shall be entitled to receive any grant-in-aid unless the Committee constituted in G.O.Rt. No. 220 Education (SSE-I) Department dated the 24th February, 1988 recommends that it may be admitted to grant-in-aid."

From the provision extracted above, it is clear that the education institutions which were in existence during the period mentioned therein shall not be entitled to receive any grant-in-aid unless the Committee constituted in G.O.Rt. No. 220 dated 24-2-1988 recommends that it may be admitted to grant-in-aid.

Section 7 of the Act provides that notwithstanding any Government Order, any judgment, decree or order of any Court or other authority, no private educational institution other than a college established after the 1st April, 1977 and existing on the 1st September, 1985 and no Private College established after the 1st April, 1977 and existing on the 1st March, 1985 shall be entitled to claim or receive any grant-in-aid except as provided for in this Act. It further provides that no suit or other proceeding shall be maintained and continued in any Court against the Government or any person or authority whatsoever for the payment of any grant-in-aid and that no Court shall enforce any decree or order directing the payment of any grant-in-aid except to the extent provided by the Act.

From a reading of the above provisions it is clear that the right which can be claimed and given recognition by Court in respect of grant-in-aid can only be in accordance with the provisions of the said Act. Any claim to grant-in-aid, de hors the provisions of the Act, cannot be enforced by the Court muchless by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The claim of the petitioners is based on the orders issued in G.O.Ms. No. 321 dated 24-7-1986 granting aid from 1st September, 1985. Having regard to the provisions of Section 3(1)(a) of the Act referred to above, this claim cannot be recognised, muchless can be enforced by issuing a prerogative writ by this Court.

It may also be pointed out here that the case of the C.B.M. School was considered by the Committee constituted in G.O.Rt. No. 220 Education Department dt. 24-24-1988 as amended by G.O.Rt. No. 124 dated 27-1-1989 and the said School was admitted to grant-in-aid with effect from 1-11-1989, by orders issued in G.O.Ms. No. 326 dated 17-10-1989. The claim which is the subject matter of this Writ Petition relates to the period earlier than 1-11-1989. As the said school was not granted any aid for the period earlier to 1-11-1989, the school is not entitled to any grant-in-aid. If that is the position, the petitioners-teachers of the said School cannot have any higher claim to demand salary from the respondents 1 to 3 under the grant-in-aid.

For the above reasons, I find no merit in this writ petition; it is accordingly dismissed. Having regard to the circumstances of the case, I make no order as to costs.