Citation : 2023 Latest Caselaw 5681 AP
Judgement Date : 29 November, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE No.W.P.No.30881 of 2023
PROCEEDING SHEET
Sl. DATE Office
ORDER
No Note
01. 29.11.2023 NV, J
Heard learned counsel for the petitioner, learned Government Pleader appearing for the 1st respondent and the learned Standing Counsel appearing for the respondent Nos.2 & 3.
Learned counsel for the petitioner submits that the 2nd respondent- (APHER & MC) recommended the fee for the Convenor Quota as well as the Management Quota as Rs.24,500/- in respect of petitioner college which is not in accordance with the inputs submitted by the petitioner.
He further submits that even for the Academic Year 2022-2023, the fee for Management Quota in respect of the petitioner college and other similarly situated colleges is Rs.3,00,000/- but without giving any reasons and even after submission of inputs by the petitioner college, the 1st & 2nd respondents had notified the fee for the Management Quota is also Rs.24,500/- as common fee for Convenor as well as Management Quota, which is below to the 10% of the last year fee Rs.3,00,000/- and prayed for
29.11.2023 (Contd...)
a separate fee should be fixed in respect of Management Quota as done in the previous block period 2020 to 2023 for this.
On the other hand, the learned Standing Counsel appearing for the respondents 2 & 3 submits that, in view of the ratio laid down by the Combined High Court of Andhra Pradesh at Hyderabad in Consortium of Engineering College Managements Association (CECMA), Hyderabad and others Vs. Government of Andhra Pradesh and others1 wherein, it is categorically held that there should not be a parity of fee in respect of A & B categories except NRI category. Following the said ratio, the 2nd respondent has been fixing the common fee for A & B categories since 2013, but for the block period 2023-2026 in respect of petitioner's college i.e., KKC Homeopathic Medical College, the fee for Management Quota is fixed as erroneously Rs.3,00,000/- which is contrary to the ratio laid down in the judgment (mentioned Supra), such an omission cannot be pleaded for this block period 2023-2026.
It is further submitted that counseling in respect of subject courses regarding the Convenor Quota has already been completed, the
2011 SCC OnLine AP 924 : (2013) 3 ALD 572 : (2012) 3 ALT 686
29.11.2023 (Contd...)
notification was also issued for Admissions under the Management Quota and is about to be completed by tomorrow itself.
In view of the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, this Court convinced to pass an Interim Order as under:
"There shall be an interim direction that the petitioner is entitled to collect the fee as fixed now by the 2nd respondent as well as the 1st respondent. But, final fee in respect of Management Quota will be subject to the result of the petition".
For counter, post on 22.12.2023.
______ NV, J Note:
Issue C.C.by 30.11.2023, B/o.
KPV/BSK
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