Aayushman Nursing College, vs State Of Andhra Pradesh,
2023 Latest Caselaw 4738 AP

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.26140 of 2023

ORDER:

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

Pleader for Higher Education takes notice for respondent No.1, learned

Government Pleader for Medical and Health for respondent No.3, Sri

C.Sudesh Anand, learned Standing Counsel for respondent No.2.

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 2nd

respondent submits that the 2nd respondent issued G.O.Ms.No.141,

dated 31.08.2023 notifying the fee fixed by the 3rd respondent

commission. Therefore, further fixation of fee in respect of left over

colleges by the 3rd respondent-commission may hamper the

procedure adopted for admissions by the 2nd respondent for the

academic year 2023-24 and the 2nd 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 petitioner, immediately on 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 ensuing 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.

______________________________________ VENKATESWARLU NIMMAGADDA, J

Dated:06.10.2023 NOTE: C.C. by 07.10.2023 (B/o) BSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.26140 of 2023

Dated: 06.10.2023 NOTE: C.C. by 07.10.2023 (B/o) BSP