JUDGMENT
A.S. Anand, C.J.
1. This writ appeal is directed against the judgment of the learned single Judge in W.P.No.84 of 1988 decided on 7th of January, 1988.
2. Appellants had prayed for a writ of certiorarifled mandamus calling for the records comprised in the proceedings of the first respondent in G.O.Ms.No.1820, Education, dated 30th of October, 1975 and to quash the proceedings of the first respondent dated 30th of October, 1975 and for a further direction to the respondents to pay the maintenance grant to the writ petitioners schools at the rate of 6 per cent out of the total teaching grant every year and for payment of the arrears. The learned single Judge dismissed the writ petition by the following order:
Certainly after 12 long years, the G.O. cannot be quashed. Therefore solely on the ground of laches, the writ petition will stand dismissed. This shall be without prejudice to any other right of the petitioners.
3. In this writ appeal the grievance projected by the learned Counsel for the appellants is that the learned single Judge did not deal with all aspects of the case and non-suited the writ petitioners only on the ground of laches which was not fair. After the appeal was admitted to hearing, the respondents were called upon to file counter to explain the correct position. In paragraph 2 of the counter filed by the respondents it is stated thus:
It is submitted that the petitioners have challenged orders issued in G.O.Ms. No. 1820, Education, dated 30th October, 1975 which made certain amendments to the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 and the same had been published in the Tamil Nadu Government Gazette dated 19th November, 1975, in pages 941 to 948. Out of the various amendments in the amendment No. 19(a) the words “shall be paid” were substituted by the words “may be paid” wherever they occurred and in 19(b) for the words “shall also be paid the words may also be paid” were substituted and in 19(c) in the second paragraph in items (2)(a) for the expression at 6 per cent” the expression “up to 6 per cent” had been substituted. These amendments are all in Annexure I under the paragraph “Payment of Grant” under Rule 1(3) of Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974. It has also been mentioned that these payments of grants are also subject to Government Orders and instructions issued from time to time. This rule is also based on Section 14(1) of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.
4. Learned Counsel for the appellants faced with the counter affidavit (supra) submitted that there were no guidelines regarding the payment of the grant “up to 6 per cent” and in the absence of the guidelines the possibility of arbitrariness in the grant could not be ruled out. We do not agree. It is stated in paragraph 3 of the counter that the payment of uniform rate of maintenance grant at 6 per cent cannot be made to all schools as there are very many cases in which some schools were maintained well by the management and some were not. It is stated that those who maintain the schools properly may get maintenance grant at a higher rate than those who do not so well maintain. That apart, in paragraph 1 of the counter it is stated that the maintenance grant is paid on the basis of the guidelines which have been spelt out in that paragraph itself. It cannot, therefore, he said that there were no guidelines for the payment of the maintenance grant. Keeping in view these averments in the counter, we find that the challenge to G.O.Ms. No. 1820, Education, dated 30th of October, 1975 principally and primarily on the ground that the maintenance grant was left to the whims and arbitrariness without any guidelines must fail on facts. These guidelines have been issued by way of executive instructions and they can certainly be looked into in the absence of any rules to the contrary. Thus, we find that there is no ground made out to interfere with the order of the learned Judge and we uphold that order though for different reasons. There shall be no order as to costs.