Andhra Pradesh High Court - Amravati
M/S. Sibar Institute Of Dental ... vs The State Of Andhra Pradesh, on 30 July, 2021
Bench: R Raghunandan Rao
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HE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY
7 DAY OF J
TWO THOUSAND AND TWENTY ONE"
'PRESENT:
THE HONOURABLE sr} JUSTICE R RAGHUNANDAN RA
WRIT PEITITION NO. $659 OF 2021
Between: |
1. M/s. Sibar Institute of Dental Sciences,
Under the management of Sibar
- Educational Academy, Takkellapadu, --
Pedakakani Mandal, Guntur District, Rep by its.,
Authorized Signatory, Dr.T. Krishna Mohan,
S/o. T. Radhakrishna Murhty, Age 62. years,
R/o. Chiluku Durgaiah Street, Suryaraopeta,
Vijayawada, Krishna District-520002.
&
M/s. Drs. Sudha & Nageswara Rao
Siddhartha Institute of Dental Sciences,
Under the management of Siddartha Academy
of General and Technical Education Trust,
Chinaoutpalli Village, Gannavaram Mandal,
Krishna District; Rep by its., Secretary &
Correspondent, Sri. Paladugu Lakshmana Rao,
S/o. Madhusudhana Rao, Age 83 years, .
R/o, Madhusudhana Nilayam, Gorlidalappa
Street, Vijayawada, Krishna District-520010.
ot
3. M/s. Vishnu Dental College,
~ Under the management of ~
Sri Vishnu Educational Society, ~
Bhimavaram, West Godavari Dt-534202,
Rep by its., Vice Principal,
Dr. A.V. Rama Raju, S/o. Late. Dr. A. Venkateswara Raju,
Age 51 years, R/o. Bhimavaram, West Godavari District.
4. M/s. St. Joseph Dental College,
Under the management.of VDMC
Trust, Duggirala, Eluru, West Godavari Dt.,
Rep by its., Secretary & Correspondent,
Fr. Nelli George, S/o. Rama Swamy,
Age 62 years, R/o. St. Joseph Dental College & Hospital, Eluru,
West Godavari District.
5. M/s. Lenora Institute of Dental Sciences,
Under the management of Boon Education
Environment and Rural Development Society,
) NH-16, Rajanagaram, Rajahmundry,
: East Godavari District-533294, Rep by its., Secretary.,
Sri. Y. Madhusudhan Reddy, S/o. Pitchi Reddy,
Age 43 years, R/o. Rajanagaram, .
Rajahmundry, East Godavari District.
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10.
Mis. GSL Dental College,
Under the Management of GSL
Educational Society, Rajahmundry,
East Godavari District-533294,
Rep by its., Principal, Dr. Ghanta Sunil,
S/o, Ganeshwara Rao, Age 47 years,
R/o. Rajahmundry, East Godavari District,
M/s. G.Pulla Reddy Dental College & Hospital,
Under the management of Gunampallyl Pulla Reddy
Charitable Trust, Kumool Town, Kurnool District,
Rep by its., Secretary., Sri. P.Subba Reddy
S/o. P. Venkata Reddy, Age 67 years,
R/o, 10-2-289/1, Shanthi Nagar, Hyderbad.
M/s, Narayana Dental College,
Under the management of Narayana
Education Society, Chinthareddypalem,
Nellore Town & District, Rep by its., Principal
Sri. Dr. B. Ajay Reginald, S/o. Thangasamy,
Age 48 years, Flat.No.403, Govardhan Towers,
Hare Krishna Nagar, Nellore, Nellore District.
"?
M/s, GITAM Dental College,
Under the management of Gandhi Institute of
Technology and Management,
Gandhi Nagar, Rushikonda, Visakhapatnam,
Rep by its., Secretary., Sri. B.V. Mohan Rao,
S/o. Subba Rao, Age 71 years,
R/o. Gitam University, Rushikonda, V isakhapatnam.
M/s, Sree Sai Dental College and Research Institute,
Under the management of Sree Sai Educational Society,
Chapuram Village, Srikakulam, Srikakulam Dist.,
Rep by its., Secretary., Sri. D. Satyanarayana Reddy,
R/o. 9-19-56, VIP Road, CBM Compound,
Vizag, Visakhapatnam District,
... PETITIONERS
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Health, Medical
and Family Welfare (C1) Department, A.P. Secretariat, Velagapudi, Guntur
District-522503.
2. The Andhra Pradesh Higher Education Regulatory and Monitoring
Commission (APHERMC), Rep. by its Member Secretary & CEO, il! Floor,
Sree Mahendra Enclave, NRI Block (C-Block), NH-16, Tadepalli, Guntur
District-522501.
3. Dr.NTR University of Health Sciences, Rep. by its Registrar, Behind TGIF,
beside Cancer Hospital, Padavalarevu, Gunadala, Vijayawada, Krishna
District, AP-520004
4, The Dental Council of india, Rep. by its President, Aiwan-E-Galib Marg, Kotla
Road, Temple Lane, New Delhi, Delhi-110002.
S. The National Medical Commission, Rep. by its Chairman, Pocket-14, Sector-
8, Dwaraka Phase-|, New Delhi-110077.
éovten Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased
to issue writ or order more particular one in the nature of writ of Certiorari calling for
records in relation to G.O.Ms.No.42, dated 15.04.2021 issued by ist respondent in
pursuance to recommendations of 2nd respondent fixing the fee for post graduate
courses for the block period 2017-18 to 2019-20 and quash the same by declaring
as arbitrary, illegal, unconstitutional and in violation of petitioners rights guaranteed
under Articles 14 and 19 of Constitution of India and consequently direct the 2nd
respondent to comply with this Hon'ble Courts judgment, dated 20.01.2021 passed
in WP(PIL).No.131/2017 & batch by passing a speaking order and giving reasons for
rejecting the objections strictly following the Regulations and Guidelines of Andhra
Pradesh Admissions and Fee Regulatory Committee issued in GO.Ms.No.6,
dt.08.01.2007 issued by the ist Respondent:
IA NO: 2 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to suspend
the operation of the impugned G.O.Ms.No.42, dated 15.04.2021 issued by 1st
respondent fixing the fee for post graduate courses of the petitioner college for the
block period 2017-18 to 2019-20, pending disposal of WP 9659 of 2021, on the file of
the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and the order of the high court arder dated 23.06.2021 made herein and
upon hearing the arguments of SMT. HARIJA AKKINENI, Advocate for the petitioners G.P.
for MEDICAL AND HEALTH for the Respondent No.1 Sri.Sudesh Anand Standing Counsel!
for the Respondent No.2 Sri. G.Vijaya Kumar, Standing Counsel for Respondent No.3 Sri.
S.Vivek Chandra Sekhar Standing counsel for the Respondent No.5 the Court made the
following.
ORDER:
Interim direction granted earlier is extended till 30.08.2021.
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© Post on 23.08.2021.
Sd/- M. SURYANADHA REDDY |
ASSISTANT REGISTRAR :
HTRUE COPY!?/ Ay
ror ASSISTANT REGISTRAR
TO
One CC to SMT. HARIJA AKKINENI, Advocate [OPUC]
One CC to Sri.G. Vijaya Kumar, Standing Counsel (OPUC)
One CC to Sri.Sudesh Anand, Standing Counsel (OPUC)
One CC to Sri.S. Vivek Chandra Sekhar, Standing Counsel (OPUC)
Two CCs to GP for Medical & Health, High Court Of Andhra Pradesh, [OUT]
One spare copy
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HIGH COURT | SC
RRRJ
DATED:30/07/2021
ORDER
POST ON 23.08.2021
WP.No. 9659 of 2021
INTERIM ORDER EXTENDED
