Andhra Pradesh High Court - Amravati
Vasavi Mahila Kalasala vs The State Of Andhra Pradesh on 6 November, 2023
Bench: V.Sujatha
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.14201 of 2023
ORDER:
This writ petition came to be filed under Article 226 of the
Constitution of India, seeking the following relief:
"...to issue writ or direction in way of Writ of Mandamus
declaring the action of the Respondents No.3 in not
permitting to pay processing fee with penalty as stipulated
in the circular dated 30.06.2022 for fixing the tuition fee for
Degree Courses of the Petitioner Institution and respondent
No.2 & 4 further not adding/listing the Petitioner Institution
for allotment of students/admissions into Degree Courses for
the present academic year through OAMDC being arbitrary,
illegal, unwarranted and violative of Articles 14 & 19 of the
Constitution of India and violative of the Andhra Pradesh
Education Act and consequently direct the Respondent No.3
to allow the Petitioner Institution to receive the processing fee
for degree college courses along with penalty fee as
stipulated under the circular dated 22.09.2022 and fix the
minimum fee for the block period 2023-24 to 2025-26....."
2. Heard learned counsel for the petitioner, learned
Government Pleader for Higher Education and learned Standing
Counsel appearing for the respondents.
3. During hearing, learned counsel for the petitioner 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. 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 counseling.
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 counseling 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.
6. There shall be no order as to costs. Miscellaneous
petitions, if any, pending in this case, shall stand closed.
______________________
JUSTICE V.SUJATHA
Date :06.11.2023
SRT
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.14201 of 2023
Date :06.11.2023
SRT
