Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | A.P. Education Act Administrative law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | 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 34/95 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 appeal-Held, a statutory right to receive the arrears from 22.7.85 was created under G.O. 326 as Act 22/88 was retrospectively effecting from 22.7.85-Act 22/88 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.O.-Act 34/95 being retrospectively effective from 17.10.95 cannot go beyond that date, moreover the rights created by Act 1/82 and 22/88 were not affected-Judgment of Single Judge was correctly upheld by Division Bench- A.P. Act 22/88-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 overrule 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-A.P. Educational Institutions Grant-in-aid (Regulation) Supplementary Provisions Act, 1995 (Acts 34/95 ). |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 2000 INSC 378 |
Petitioner | Government Of Andhra Pradesh And Ors. |
Respondent | G.v.k. Girls High .school |
SCR | [2000] Supp. (2) S.C.R. 171 |
Judgement Date | 2000-08-07 |
Case Number | 2422 |
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