Joseph Sriharsha Mary Indraja ... vs Aicte,Mem.Scy,New Delhi, 3
2024 Latest Caselaw 311 AP

Andhra Pradesh High Court - Amravati

Joseph Sriharsha Mary Indraja ... vs Aicte,Mem.Scy,New Delhi, 3 on 8 January, 2024

           HONOURABLE SMT. JUSTICE V.SUJATHA

                WRIT PETITION No.21075 of 2016
ORDER:

The present Writ Petition came to be filed under Article 226

of the Constitution of India seeking the following relief:-

"...to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the fees fixed by the 3rd Respondent vide G O Ms No.39 dt 24.06.2016 fixing a fee of Rs 49 100/ per student per annum in respect of the B Tech courses figuring at SI.No.228 G.O.Ms.No.40 dt 24.06.2016 fixing a fee of Rs.57,000/- per student per annum in respect of the M.Tech courses figuring at SI.No.193 of the Annexures to the impugned G.O.s for 2nd Petitioner for the block period 2016-17 to 2018-2019 on the basis of the recommendations purportedly contained in the Letter dated 27.05.2016 for B.Tech and 06.06.2016 for M.Tech furnished by the 2nd respondent statutory body without reference to report of the National Fee committee constituted by AICTE under the Chairmanship of Justice Shri Srikrishna Former Justice Supreme Court of India for Prescribing Guidelines for charging tuition and other fees for professional courses dated April 7, 2015 as approved by AICTE on 11/12/2015 and without considering the fee proposals submitted by the petitioner institutions in proper perspective as arbitrary illegal vitiated by perversity and irrationality in the recommendations of the 2nd respondent forming the basis therefore contrary to the judgments of the Hon'ble Supreme Court and Hon'ble High Court and violative of Articles 14 and 301 of Constitution of India and for a consequential direction to the Respondent Nos. 2 and 3 to accept the fee of Rs.91,720/ for B.Tech Rs.1,55,655/- for M.Tech as per proposals dated 05.05.2016 for B.Tech and M.Tech courses submitted by the Petitioners for the block period of academic years 2016-17 to 2018-2019 and notify the same or in the alternative direct the respondents to allow the petitioners to comply with proportionate norms and standards stipulated in appendixes 4 to 8 of the approval process hand book 2016-17 of the 1st respondent commensurate with the revenue to be received as per the fee fixed by the 2nd respondent and notified by the 3rd respondent..."

2. As the relief sought by the petitioners pertains to fee

fixation for the academic year 2016-2017, this Court is of the

opinion that the cause in the writ petition does not survive for

further adjudication.

3. Accordingly, this writ petition is dismissed as infructuous.

There shall be no order as to costs.

As a sequel, miscellaneous applications, pending, if any,

shall also stand closed.

________________ JUSTICE V.SUJATHA Date : 08.01.2024 KGR

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.21075 of 2016

Date : 08.01.2024

KGR