LexGOVERNMENT OF ANDHRA PRADESH AND ORS. versus G.V.K. GIRLS HIGH .SCHOOL
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GOVERNMENT OF ANDHRA PRADESH AND ORS. A v. G.V.K. GIRLS HIGH .SCHOOL AUGUST 7, 2000 [M. JAGANNADHA RAO AND K.G. BALAKRISHNAN, JJ.] B Education : A.P. Education Act, 1982 (Act 1182)-Section 46(2)-Payment of arrears of Grant-in-aid to Schools-Statutory Committee formed under Act 22188 retrospectively effective from 22.7.85 looked into complaints against aided schools-Payment of arrears cleared by G.O. 326 dated 17.10.89 but still remained unpaid-Single Judge allowed writ petition directing payment of arrears-Act 34195 retrospectively effective from 17.10.89 was passed denying payment of arrears claimed under any Court order or decree-Division Bench upheld order of Single Judge as Act 34195 could not set aside the same-On D appeal-Held, a statutory right to receive the arrears from 22. 7.85 was created under G.O. 326 as Act 22188 was retrospectively effecting from 22.7.85-Act 22188 and G.O. 326 were meant for settlement of arrears and no fresh entitlement to grant-in-aid was created through them-Right to arrears flows from the statutes and recommendations of the committee and not from any G.0.-Act 34195 being retrmpectively effective from 17.10.95 cannot go beyond that date, moreover the rights created by Act 1182 and 22188 were not affected-Judgment of Single Judge was correctly upheld by Division Bench- c E A.P. Act 22188-Sections 1(3) and 3(2)-A.P. Educational Institutions Grant- in-aid (Regulation) Supplementary Provisions Act, 1995-Section 2. Administrative law-Post-Judgment Legislation-Held, Legislature cannot overmle a judgment by passing a law unless it removes the basis of the legal rights upon which the judgment is based, with retrospective effect provided there is no violation of any constitutional provision-AP. Educational Institutions Grant-in-aid (Regulation) Supplementary Provisions Act, 1995 (Acts 34195 ). The respondent school was admitted to grant-in-aid in G.O. 347 (Ed.) dated 1.8.86 under A.P. Education Act, 1982. A statutory·committee F G was appointed under Act 22/88 to look into complaints against various schools which cleared the respondent-school under G.O. 326 dated 17.10.89. H 171 172 SUPREME COURT REPORTS (20001 SUPP. 2 S.C.R. A However, certain arrears of Grant-in-aid for a period 1.9.85 to 31.10.89 remained unpaid. A writ petition was filed in the High Court during the pendency of which G.O. 130 (Ed.) dated 25.4.94 was issued which refused payment of arrears. Single Judge quashed this G.O. and allowed the writ petition. Later on the State passed A.P. Educational Institutions Grant-in- B c Aid (Regulation) Supplementary Provisions Act, 1995 with retrospective effect from 17.10.89 which permitted denial of arrears of grant-in-aid if claimed under any judgment, decree or order of court or other authority or any order issued by Government. Division Bench while dismissing the writ appeal of the appellant~ held that such a legislation could not set aside the judgment of the Single Judge. Hence this appeal. Dismissing th¥1ppeal, the Court HELD : 1. After complaints were received, the grant was kept in abeyance and the cases of the respondent and others were inquired into D under Section 46(2) of the A.P. Education Act, 1982 (A.P. Act 1 of 1982) by a statutory committee under Act 22/88 and the right to receive grant- in-aid for the back years i.e. from 22.7.85 was declared under G.O. 326 dated 17.10.89. Section 3(2) of Act 22/88 directs release of grant-in-aid from the date upon which the school satisfies the eligibility conditions. E Section 1(3) of the Act 22/88 made it retrospective from 22.7.85. Hence it is as if the Committee constituted under Act 22/88 was there from 1985. Once the Committee gave its clearance, the decision would he effective from 22.7.1985 in respect of all the back years from dates anterior .to the passing of Act 22/88, and the school would be entitled to release of grant- in-aid from the date on which it satisfies the conditions for receiving grant- F in-aid [182-F-H; 183-A-B] G 2. Section 3 of Act 22/88 does not expressly say that the recommendation will be retro-active but from the language of Section 3(2) and Section 1(3) of Act 22/88 says that the Act "be deemed to have into force on the 22nd July, 1985", the right is retrospectively affirmed for the back years. The Committee's recommendations as to compliance with conditions during various years from 1985 though made after 1988 were to be t
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