Andhra Pradesh High Court - Amravati
Kugler Memorial Physitherapy ... vs The State Of Andhra Pradesh on 2 November, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.28665 of 2023
ORDER:
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:-
"....to issue an appropriate writ more in the nature of Writ of
Mandamus declaring the action of the 2nd Respondent
Regulatory Commission in not determining the fee structure for
the block period 2023-24 to 2025-26 for the Bachelor of
physiotherapy (BPT) and Master of physiotherapy (MPT) courses
being offered by the Petitioner-Institution on the ground that the
Petitioner did not pay the processing fee and submitted the
data as notified by the 2nd Respondent, as being arbitrary,
illegal and violative of Articles 14 and 19 of the Constitution of
India and violative of A.P. Educational Institution (Regulations
of Admissions and Prohibition of Capitation Fee) Act 1983 and
the Andhra Pradesh Higher Education Monitoring and
Regulatory Commission Act and Rules, Regulations framed
therein and consequently direct the 2nd Respondent
commission to determine the fee structure for the Petitioner
Institution and issue such...."
2. Heard learned counsel for the petitioner(s), learned
Government Pleader for Medical Health & Family Welfare for
respondent No.1 and learned Standing Counsel appearing for
respondent No.2.
3. During hearing, learned counsel for the petitioner(s) and
learned Government Pleader for Medical Health & Family
Welfare and learned Standing Counsel appearing for respondent
No.2 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 and learned Government Pleader for Higher
Education, 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,
immediately on or before commencement of the 2nd
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 2nd web counselling in
UG courses for the present Academic Year 2023- 24
through OAMDC.
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.28665 of 2023
Date : 02.11.2023
KGR
