Sri Siva College Of Nursing vs The State Of Andhra Pradesh
2023 Latest Caselaw 5433 AP

          THE HONOURABLE SMT. JUSTICE V.SUJATHA

                 WRIT PETITION No.29360 of 2023

ORDER:

This writ petition came to be 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 3rd Respondent Regulatory Commission in not determining the fee structure for the block period 2023-24 to 2025-26 for the various Nursing 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 3rd 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 3rd Respondent commission to determine the fee structure for the Petitioner Institution and issue such other writ or order or direction as deemed fit and proper in the circumstances of case"

2. Heard learned counsel for the petitioner, learned Government

Pleader for Medical Health and Family Welfare, Sri Sudesh Anand,

learned Standing Counsel for respondent No.3, Sri G. Vijaya Kumar,

learned Standing Counsel for respondent No.2.

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 order 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 in Writ Appeal No.607 of 2023, dated

21.06.2023 and requested this 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 in the

present 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 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 counseling in various 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.

6. Accordingly, with the above directions, this writ petition is

disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, shall stand

closed.

________________________ JUSTICE V.SUJATHA Date: 10.11.2023 GSS