Andhra Pradesh High Court - Amravati
Viswabharathi College Of Allied ... vs The State Of Andhra Pradesh on 2 November, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.28641 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 to 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 fixing the fee 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 pass...."
2. Heard learned counsel for the petitioner(s), learned
Government Pleader for Higher Education for respondent No.1,
Sri Sudesh Anand, learned Standing Counsel for respondent
No.2 and learned Government Pleader for Medical and Health
for respondent No.3.
3. During hearing, learned counsel for the petitioner(s) and
learned Government Pleader for Higher Education 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. Learned Government Pleader appearing on behalf of the
3rd respondent submits that the 3rd respondent issued
G.O.Ms.No.141, dated 31.08.2023 notifying the fee fixed by the
3rd respondent. Therefore, further fixation of fee in respect of
left over colleges by the 2nd respondent-commission may
hamper the procedure adopted for admissions by the 3rd
respondent for the academic year 2023-24 and the 3rd
respondent made a policy not to go further.
5. 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.
6. 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 within a period of one
week from today.
ii. The respondents are directed to collect penalty or
processing fee @ 100%. On receipt of the same, the
Commission is directed to process the representation
of the petitioner, immediately on or before
commencement of the ensuing 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.
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.28641 of 2023
Date : 02.11.2023
KGR
