Andhra Pradesh High Court - Amravati

Rayalaseema Degree Colleges ... vs The State Of Andhra Pradesh on 11 November, 2021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE ELEVENTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY ONE
PRESENT:
THE HONOURABLE SRI PRASHANT KUMAR MISHRA, CHIEF JUSTICE
AND
THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY

W.P.(PIL).No. 214 of 2021
And
W.P.No. 23662 of 2021

W.P.(PIL).No. 214 of 20271 :-
Between:
Mala Mahanadu Aikya Vedika AP, (Regd. No. 148/2020) Represented by its State
President Sri Gurram Ramarao 8-18, Peddavadlapudi, Mangalagiri, Guntur District,
Andhra Pradesh State.

_Petitoiner.

AND

1. The State of A.P, rep by its Special Chief Secretary, Higher Education
Department Secretariat, Tullur, Velagapudi, Guntur District.

2. The Andhra Pradesh State Council for Higher Education, Government of Andhra
Pradesh. Rep by its Secretary Niladri Towers, 6" Battalian Road, Mangalagiri,
Guntur District, Andhra Pradesh -522503.

3. The Commissioner of Collegiate Education, ANR Towers, Prasadampadu,
Vijayawada, Krishna District, Andhra Pradesh - 521108.

... Respondents.

Petition under Article 226 of the Constitution of India, praying that in the
circumstances stated in the affidavit filed therein, the High Court may be pleased to
issue a writ, order or direction more particularly one in the nature of Writ of
Mandamus declaring the action on part of the Respondents, more particularly the
action of the 1st Respondent in issuing the G.O Ms. No. 55. Higher Education (CE.A2)
Dept, dated 07.10.2021 whereby and where-under, the rules pertaining to the
admission into B-Category seats for various under-graduate courses in the State have
been revised for the academic year 2021-22 making SC, ST and Minority Students
ineligible for getting Scholarship in management quota seats, by fixing 30per seats
under the management quota instead of making management quota flexible as per
the local needs as being issued in arbitrary fashion, by framing the rules for filling up
the students in Category-B for under-graduate courses without any flexibility in the
ratio of 70-30, to the detriment of the SC, ST students which is beyond the
jurisdiction of the 1st Respondent as being arbitrary, illegal and violative of Articles
14, 19 (1) (g) and 300-A of the Constitution of India besides being in contravention of ©
the A.P. Education Act and the Rules framed thereunder and consequently to direct
the Respondent authorities to amend the Rules famed through G.O.Ms.No. 55, Higher
Education (CE.A2) Dept., dated 07.10.2021 by providing flexibility in the ratio 70:30.

1.A. No.-1 of 2021 :-

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P., the High Court may be pleased to direct the
Respondent authorities to amend the Rules framed through G.0 Ms. No. 55. Higher
Education (CE.A2) Dept, dated 07.10.2021 by providing flexibility in the ratio 70-30
pending Writ Petition, in the interest of justice, pending disposal of W.P.(PIL) 214 of
2021, on the file of the High Court.

Contd..2..

W.P.No. 23662 of 2021 :-

Between :-
Rayalaseema Degree Colleges Association, Represented by its President G. Venkata
Reddy D. No. 1-91, Tuggali, Tuggali Mandal, Kurnool District, Andhra Pradesh - 518001
Petitioner
AND

1. The State of Andhra Pradesh, rep by its Special Chief Secretary, Higher
Education Department Secretariat, Tullur, Velagapudi, Guntur District.

2. The Andhra Pradesh State Council for Higher Education, Government of Andhra
Pradesh Rep by its Secretary Niladri Towers, 6'" Battalian Road, Mangalagiri,
Guntur District, Andhra Pradesh - 522503.

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 an appropriate writ more in the nature of Writ of Mandamus declaring the
action of the Respondents more particularly the 1° Respondent Special Chief
Secretary in issuing the G.O Ms. No. 55. Higher Education (CE.A2) Dept, dated
07.10.2021 whereby and where-under, the rules pertaining to the admission into B-
Category seats for various under-graduate courses in the State have been revised for
the academic year 2021-22 without even taking into the consideration the plight of
majority number of unaided Degree Colleges, insisting all the colleges to fill up the
seats with 30 percent of the management quota instead of affording such concession
to the management to fill up those seats with convenor quota in exercise of their
choice and leaving the management quota to the respective institutions as being
issued in arbitrary fashion, unwarranted by misinterpreting the Rules 3 and 15 of A.P.
Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee)
Act, 1983 (Act 5 of 1983) framing the rules for filling up the students in Category-B for
under-graduate courses to the detriment of the Unaided Degree Colleges which is
beyond the jurisdiction of the 1st Respondent as being arbitrary, illegal and violative
of Articles 14, 19 (1) (g) and 300-A of the Constitution of India besides being in
contravention of the A.P. Education Act and the Rules framed thereunder as also
opposed to the new Education Policy announced by the Government of India in the
recent past and it also amounts to unwarranted interference in the internal
administration and direct the 2nd Respondent to fill up the 30 percent management
quota seats through CONVENOR Quota by giving choice to the private unaided Degree
Colleges in the State and further direct 2nd Respondent to not to interfere in any
manner with the prerogative of the managements of the private degree colleges as
regards admissions into Undergraduate Course in the management quota i.e., 30 %
seats and issue such other writ or order or direction as deemed fit and proper in the
circumstances of case.

].A.No. 1 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 direct 2"
Respondent to not to interfere in any manner with the prerogative of the
managements of the private degree colleges as regards admissions into Undergraduate
Course in the management quota i.e., 30% seats pending Writ Petition 23662 of 2021,
on the file of the High Court, in the interest of justice.

1.A, 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 direct the
2nd Respondent to fill up the 30% management quota seats through CONVENOR Quota
by giving choice to the private unaided Degree Colleges in the State, pending Writ
Petition No. 23662 of 2021, on the file of the High Court, in the interest of justice

Contd..3..

These petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the order of the High Court order dated 12-10-
2021 made in W.P.No. 23662 of 2021 and upon hearing the arguments of Mr. P. Vera
Reddy, learnd Senior Counsel assisted by Ms. Sodum Anvesha, Advocate for the
Petitioner in W.P.(PIL).No. 214 of 2021 and of Mr. Vedula Venkata Ramana, learned
Senior Counsel assisted Sri Vijay Mathukumilli, Advocate for petitioner in W.P.No.
23662 of 2021 and of Mr. K.V. Raghuveer, Govt. Pleader for Higher Education for
respondent No.1 in both W.Ps and of Mr. Sudesh Anand, leaned counsel representing
Ms. S. Parineeta- Standing counsel for respondent No.2 in both petitions, the Court
made the following
ORDER :-

(Proceedings through physical mode)

"Heard Mr. P. Veera Reddy, learned senior counsel assisted by Ms. Sodum
Anvesha - learned counsel for the petitioner in W.P. (PIL) No214 of 2021.

Heard Mr. Vedula Venkata Ramana, learned senior counsel assisted by Mr.
Vijay Mathukumilli - learned counsel for the petitioner in W.P.No. 23662 of 2021.

Also heard Mr. K.V. Raghuveer, learned Government Pleader attached to
the office of the learned Additional Advocate General, for respondent No.1 and
Mr. Sudesh Anand, learned counsel representing Ms. S. Parineeta - learned
standing counsel for respondent No.2, in both the mattes.

Arguments concluded.

Judgment reserved.

It is made clear that the interim order passed earlier in W.P.No.23662 of
2021 shall be limited to B-Category Seats, i.e. 30% Management Quota seats."

Sd/- T. MADHAVI,
ASSISTANT REGIST.
//TRUE COPY//

for ASSISTANT REGISTRAR
To
1.The Special Chief Secretary, Higher Education Department Secretariat,
State of A.P, Tullur, Velagapudi, Guntur District.
2. The Secretary, Andhra Pradesh State Council for Higher Education,
Government of | Andhra Pradesh, Niladri Towers, 6" Battalian Road, Mangalagiri,
Guntur District, Andhra Pradesh -522503.
3.The Commissioner of Collegiate Education, ANR Towers, Prasadampadu,
Vijayawada, Krishna District, Andhra Pradesh - 521108.
(Addressee Nos. 1 to 3 by RPAD)
4.Two CCs to the G.P. for Higher Education, High Court of A.P., at Amaravati(OUTO
3.One CC to Ms Sodum Anvesha, Advocate(OPUC)
6.One CC to Sri Vijay Mathukumilli, Advocate(OPUC}
7.One CC to Ms. S. Parineeta, Standing Counsel(OPUC)
8. Two spare copies.

TKK

HIGH COURT

HC) & MSM.J

DT.11-11-2021.

ORDER

W.P.(PIL).No. 214 of 2021 And

W.P.No. 23662 of 2021

DIRECTION

42 NOV 202!

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