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Sri Padmavathi School Of Nursing, vs The State Of Andhra Pradesh
2023 Latest Caselaw 4692 AP

Citation : 2023 Latest Caselaw 4692 AP
Judgement Date : 5 October, 2023

Andhra Pradesh High Court - Amravati
Sri Padmavathi School Of Nursing, vs The State Of Andhra Pradesh on 5 October, 2023
  THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No.26068 of 2023

ORDER:

Heard learned counsel for the petitioner(s), learned Government

Pleader and learned Standing Counsel for the respondents.

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.

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.

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.

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 petitioners, 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 counselling in various UG 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.

______________________________________ VENKATESWARLU NIMMAGADDA, J

Dated:05.10.2023 TPS

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.26068 of 2023

Dated:05.10.2023 TPS

 
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