Andhra Pradesh High Court - Amravati
Care Waltair College Of Nursing ... vs The State Of Ap on 2 November, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.28729 of 2023
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:-
"....to issue any writ, order or direction more particularly one in
the nature of writ of mandamus declaring the action of the 2nd
respondent in refusing to receive the processing charge from the
petitioner fix the fee for the block period 2023-24 to 2025-26 as
illegal and violative of Articles 14 and 19(1)(g) of the
Constitution of India and consequently direct the 2nd
respondent to receive the processing fee from the petitioner, fix
fee and forward its recommendations to the 3rd respondent to
issue a government order for the block period 2023-24 to 2025-
26 on par with the other institutions mentioned in
G.O.Ms.No.141 dated 31.8.2023 and permit the petitioner to
participate in the ensuing counselling for the academic year
2023-24 and pass...."
2. Heard learned counsel for the petitioner(s), learned
Government Pleader for Medical Health & Family Welfare for
respondent No.1, learned Government Pleader for Higher
Education for respondent No.2 and Sri.G.Vijay Kumar, learned
Standing Counsel for respondent No.3.
3. During hearing, learned counsel for the petitioner(s) and
learned Government Pleaders and learned Standing Counsel
would submit that, in similar set of circumstances, this Court
passed a detailed orders in W.P.No.18309 of 2023 dated
25.07.2023 and W.P.No.18649 of 2023 dated 27.07.2023
relying on the judgment of the Hon'ble Division Bench of this
Court passed an order in Writ Appeal No.607 of 2023, dated
21.06.2023 and requested this Hon'ble Court to issue similar
directions even in this Writ Petition also.
4. In view of the specific request made by learned counsel for
the petitioner(s) and learned Government Pleaders and learned
Standing Counsel, let there be a similar order passed in
W.P.No.18309 of 2023 dated 25.07.2023 and W.P.No.18649 of
2023 dated 27.07.2023 even in this case also.
5. Hence, the Writ petition is disposed of with the following
directions:
i. The petitioner(s)/college(s) is/are directed to furnish all
the data as required by the Commission for fixing the
fee for the block period 2023-24 to 2025-26 along with
representation (if not submitted) by paying the
processing fee with penalty as suggested in the
notification within a period of one week from today.
ii. On receipt of the same, the Commission is directed to
process the representation of the petitioner(s,)
immediately on or before commencement of the
upcoming counselling.
iii. The State and Commission are directed to receive the
relevant data submitted by the petitioner(s)/college(s)
as per notification dated 30.06.2022 and the
Commission shall tentatively fix the fee that can be
collected by the college(s), for the courses offered, on
par with the minimum fee that is being fixed in the
colleges in the State and recommend the same to the
State Government in five days.
iv. The said minimum fee fixed, shall be treated as a
tentative fee and the correct fee would be fixed by the
Commission after due processing of the data submitted
by the college.
v. After receiving the request from the Commission, the
State Government shall display the
petitioner(s)/college(s) in the list of colleges at official
website for participating in the upcoming web
counselling in nursing courses for the present
Academic Year 2023-24.
vi. The State Government, shall caution the students,
taking admission into the courses offered by the
colleges, by informing the students that the fee shown
in the admission process, which is being collected
initially, is a tentative fee and shall be subject to
further change depending upon the final fee that would
be fixed by the Commission.
vii. The Commission may also consider early fixation of the
final fee that can be collected by the college for the
block period 2023-24 to 2025-26.
There shall be no order as to costs. Miscellaneous
petitions, if any, pending in this case, shall stand closed.
_______________________
JUSTICE V.SUJATHA
Date : 02.11.2023
KGR
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.28729 of 2023
Date : 02.11.2023
KGR
