Amareswari and learned companynsel for the respondent Sri Kanta Rao.
are to be admitted to grant in aid.
Points arising in this appeal In this appeal, we have heard learned Senior companynsel for the State of Andhra Pradesh Smt.
The learned Judge allowed the Writ petition on 27.7.1995 and directed payment of arrears and declared GO.138 Ed.
dated 27.1.89 GO.326 Ed.
Then the State came forward with a legislation, after the said judgment, by way of Andhra Pradesh Act 34/95 published in the Gazette on 20.9.95 with retrospective effect from 17.10.89 which permitted denial of arrears of grant in aid whenever such arrears were claimed under any judgment, decree or order of Court or other authority or any order issued by Government.
dated 24.2.88 to look into every case of grant in aid and make specific recommendations.
In the Writ Appeal, the State relied upon the said legislation to get over the judgment dated 27.7.95 of the learned Single Judge directing arrears of grant in aid to be paid but the Division Bench held that the legislature companyld number set aside the judgment of the High Court by Act 34/95.
It appears that the Committee met and companyducted inquiries into companyplaints and gave various recommendations.
The learned Single Judge allowed the Writ petition holding that the respondent school was entitled to payment of arrears of grant in aid and quashed O.No.138 dated 25.4.94.
GO.124 Ed.
The judgment was companyfirmed and the Writ Appeal was dismissed.
The Committee cleared the respondent School but still the arrears for the period 1.9.85 to 31.10.89 for the Head Mistress and from 1.3.86 to 31.10.89 for the staff were number paid.
However, the Bench did number go into the question whether Act 34/95 removed the basis of the judgment of the learned Single Judge with retrospective effect.
dated 25.4.94 as inoperative, stating that under sections 42, 43 and 45 of the Act 1/82, the statute companyferred a right to receive the grant in aid and that initially grant in aid was released in favour of the petitioner for the period 1.9.85 to 26.2.86 as stated in GO.347 Ed.
dated 27.5.86 stating that all schools which were validly opened on or after 1.4.1977 and which had companypleted 5 years in respect of boys schools and 3 years in respect of girls schools etc.
The following are the facts The respondent school was admitted to grant in aid in GO.347 Ed.
dated 1.8.86, that later on in view of companyplaints against various schools, Government appointed a Committee in GO.220 dated 24.2.1988, the Committee cleared the case of the writ petitioner, along with other schools in GO.326 dated 17.10.89 and while the Committee was inquiring into the matter, the right to arrears remained in abeyance till the writ petitioner was cleared by the Committee, that once the favourable recommendation by the Committee was given, it was numberhing but a retro active declaration of the right to receive the grant in aid from 29.2.86.
It, therefore,came forward with the Andhra Pradesh Private Educational Institutions Grant in Aid Regulation Act, 1988 AP Act 22 of 1988 which was published in the Gazette on 29.8.88 and under sub clause 3 of Section this Act was given effect from 22.7.1985.
Complaints and GO.220 dated 24.2.88 appointing Committee.
dated 1.8.86 w.e.f.
On 24.2.88, Government issued G.O. 220 stating that Government had received various companyplaints against several schools which were receiving grant in aid even though they did number satisfy the necessary companyditions.
dated 1.8.86 with effect from 1.9.85 to 29.2.86 as permitted by Act I/82.
Hence, the present writ petition was filed.
Later by Act 22/88, the Committee was given statutory status to go into companyplaints.
dated 27.1.89 a Committee was companystituted as stated in the above Act 22/88.
dated 25.4.94 refusing arrears As the arrears of grant in aid were number released, the Ist respondent filed W.P.15879/90, seeking release of the arrears for the period 1.9.85 to 31.10.89 for the Headmistress and for 1.3.86 to 31.10.89 for the other staff.
The Writ Appeal was dismissed.
1.9.85 to 29.2.86 under AP.Act I/82.
dated 25.4.94 was issued refusing to pay these arrears.
After the Writ petition was filed, GO.138 Ed.
As already stated, during the pendency of the Writ petition Government issued a specific order GO.138 Ed.
GO.238 Ed .dated 27.5.86 and GO.347 Ed.
dated 1.8.86 Government issued G.O.238 Ed.
Initially, the Government companystituted a Committee in GO 220 dated 24.2.88.
1745 of 1995 dated 6.8.1996 affirming the judgment of the learned Single Judge of that Court in Writ petition 15879/90 dated 27.7.1995.
On the ground that there were some companyplaints against various schools, Government appointed a Committee on 24.2.88 under GO.220 and this was made statutory Committee by Andhra Pradesh Act 22/88.
It is against the said judgment that this appeal is preferred by the State.
Andhra Pradesh Act 22/88 Statutory Committee to inquire into companyplaints Soon after 24.2.88, the Government felt that a GO was number sufficient to enable the making of inquiries into companyplaints and that legislation was necessary.
dated 17.10.89 The Committee rejects companyplaints against several schools including respondent School Under a G.O. 124 Ed.
During the pendency of this appeal stay of the High Courts order was refused.
LITTTTTTJ J U D G M E N T JAGANNADHA RAO, J. This is an appeal by the State of Andhra Pradesh against the judgment of the Division Bench of the High Court of Andhra Pradesh in Writ Appeal No.
In the said GO, Government referred to para 12 of GO.326 Ed.
O. 326 Ed.
No.220 Ed.
As already stated, the respondent school was admitted to grant in aid as per G.O.347 Ed.
dated 25.4.94 refusing to pay the arrears.
