Andhra Pradesh High Court - Amravati
Consortium Of Christian Minority ... vs The State Of Andhra Pradesh, on 12 September, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No.: W.P. No.28918 of 2022
PROCEEDING SHEET
Sl.
No DATE ORDER OFFICE
NOTE
12.09.2022 BKM, J
Heard the learned counsel for the petitioner and the
learned Standing Counsel for the 2nd respondent and the learned
Government Pleader for Higher Education for the 1st respondent.
The petitioner is a society having colleges under its control
which are recognized as minority institutions. The learned
counsel for the petitioner submits that individual colleges under
the control of the petitioner - society received notices/letters
dated 30.08.2022, which are assailed in this writ petition. The
notice in substance initiates the proceedings with respect to the
determination of fee in respect of the petitioner's colleges which
are recognized as minority institutions.
The learned counsel for the petitioner submits that the 2nd
respondent has no authority to interfere with day to day affairs of
the management of the minority institutions and as well as in
respect of collection of fee is concerned, but under the guise of
the authority of law, they have issued proceedings under Section
7 of the Andhra Pradesh Educational Institutions (Regulation of
Admission and Prohibition of Capitation Fee) Act, 1983 (Act
No.5 of 1983). The learned counsel for the petitioner submits
that this Act is deemed to have been not in existence in the
residuary State of Andhra Pradesh pursuant to the Andhra
Pradesh Reorganization Act, 2014.
On the other hand, the learned Standing Counsel submits
that the 2nd respondent has got authority to issue the impugned
notice under the Act 5 of 1983, which is in operation even as on
date in the present State of Andhra Pradesh. However, he
supports the issuance of the impugned notice in the light of the
judgments of the Hon'ble Supreme Court of India as reported in
P.A.Inamdar and Ors. v. State of Maharashtra and Ors1 and
T.M.A. Pai Foundation v. State of Karnataka2.
In view of the above said facts and circumstances, the role
of the 2nd respondent has to be examined in the light of the
decisions of the Hon'ble Apex Court and as per the existing
laws applicable to the petitioner's institutions. Since the
impugned proceedings are at the stage of notice, the process shall
go on and the petitioner's colleges shall cooperate for the same.
In so far as the determination of fee with reference to the
individual college of the petitioner - society is concerned, the
same is subject to outcome of this writ petition.
Pending further orders, the 2nd respondent is directed not
to take any coercive steps and the respondents are directed to file
their counters within a period of four (4) weeks.
List on 12.10.2022.
_________
BKM, J
Note: Issue C.C today B/o VNS
(2005) 6 SCC 537
(2002) 8 SCC 481
