Sri Vignan Nursing Academy ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 5221 AP

         THE HONOURABLE SMT JUSTICE V. SUJATHA

                       W.P. NO.28491 OF 2023
ORDER:

This Writ Petition is 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 2nd 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 2nd 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 2nd Respondent commission to determine the fee structure for the Petitioner Institution ..."

2. Heard learned counsel for the petitioner, learned

Government Pleader for Higher Education appearing for the

respondent No.1 and Sri C.Sudesh Anand, learned Standing

Counsel appearing for respondent No.2.

3. During hearing, learned counsel for the petitioner and

learned counsel appearing for the respondents 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(s) 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(s,) immediately

on or before commencement of the upcoming 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

upcoming web counselling in 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.

There shall be no order as to costs. As a sequel,

miscellaneous applications pending, if any, shall also stand

closed.

__________________________ SMT JUSTICE V. SUJATHA Date: 31.10.2023 Pnr

THE HONOURABLE SMT JUSTICE V. SUJATHA

W.P. NO.28491 OF 2023

Date: 31-10-2023

Pnr