Andhra Pradesh High Court - Amravati
Sri Harsha Degree College vs The State Of Andhra Pradesh on 9 July, 2024
1
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY FIFTH PAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTiCE V.SUJATHA?^
9
WRIT PETITION NO: 12904 OF 2024
Between:
ADITYA DEGREE COLLEGE, Rep by its Principal Sri. Chinta
Rajasekhara Reddy Arisepalli, Machilipatnam, Krishna District, Andhra
Pradesh.
(Cause title is amended in writ Petition and Affidavit as per the
court order dt.09/07/2024 vide order passed in lA 2/24.)
...PETITIONER
AND
1. The State Of Andhra Pradesh, Rep by its Principal Secretary to
Government Higher Education Department, Tulluru, Secretariat
Buildings Velagapudi, Guntur District.
2. The Andhra Pradesh Higher Education Regulatory and Monitoring
Commission, Government of Andhra Pradesh Rep by its Member-
Secretary 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-
16, Tadepalli, Guntur District - 522501
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to appropriate writ more in the nature of Writ of Mandamus issue
i
an declaring the action of the 2nd Respondent, Regulatory Commission in
not determining the fee structure for the block period 2024-25 to 2025-26 for
the various Under-graduate 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 ^ahd violative of A.P. Educational Institutions (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 and issue such other writ or order or direction as deemed fit and
proper in the circumstances of case.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the 2nd Respondent Regulatory Commission to determine
the fee structure for the Petitioner- Institution, pending disposal of the Writ
Petition, in the interest of justice.
Counsel for the Petitioner(s): SRI VIJAY MATHUKUMILLI
Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION
Counsel for the Respondent No.2: SRI SUDESH ANAND, SC FOR
APSCHE
The Court made the following: ORDER
/
-J ■
2
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 issue an
deplaring the action of the 2"^* Respondent, Regulatory Commission in not
determining the fee structure for the block period 2024-25 to 2025-26 for the
various Undergraduate 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 2"^ Respondent as being arbitrary, illegal and
violative of Articles 14 and 19 of the Constitution of India and violative of A.P.
Educational Institutions (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 2""^ Respondent commission to determine
the fee structure for the Petitioner institution
2. Heard learned counsel for the petitioner, learned Government Pleader
for Higher Education for respondent No.1 and Mr.C.Sude^h Anand, learned
Standing counsel for respondent No.2.
3. During hearing, learned counsel fpr the petitioner and learned counsel
appearing for the respondents would submit that in similar set of
circumstances, this Court passed detailed orders in W.P.No.18309 pf 2023
dated 25.07.2023 and W.P.Np.18649 pf 2023 dated 27.07.2023 relying pn the
judgment pf the Hon'ble Division Bench of this Court passed an prder in Writ
Appeal No.607 pf 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). learned Government Pleader for Higher Education and learned
Standing Counsel for respondent No.2. 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 2024-
2025 to 2025-2026 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
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commencement of the upcoming counseling,
iii. The State and Commission are directed to receive the relevant data
submitted by the petiti6ner(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.
. £
7^
V. The $tate Oovernment, shall gautiorr the students, taking admissipn into
the courses offered by the colleges, by informing the students that thp
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.
Vi. The Commission may also consider early fixation of the final fee that
can be collected by the college for the block period 2024-2025 to 2025-
2026.
There shall be no order as to cpsts. As a sequel, miscellaneous
applications pending, if any, shall also stand closed-
Sd/- M. SRINIVA^
ASSISTANT REGISTRAR
//TRUE COPY//
CTION OFFICER
To,
1. The Principal Secretary to Government Higher Edqcation Department,
Tulluru, Secretariat Buildings Velagapudi, Guntur District.
2. The Member-Secretary, Andhra Pradesh Higher Education Regulatory and
Monitoring Commission, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-
Biock). NH-16, Tadepalli, Guntur District -- 522501, Government of Andhra
Pradesh .
3. One CC to SRI VIJAY MATHUKUMILLI Advocate [OPUC]
4. Two CCs to GP FOR Higher Education ,High Court Of Andhra Pradesh
[OUT]
5- One CC to Sri Sudesh Anand, $C for APSCHE [OPUC].
6. Three CD Copies.
AL
The Petitioner name is "Harsha Degree College is corrected as Aditya
Degree College" in Cause title as per Court Order dt.09/07/2024 in lA 2/24.
Substitute this amended order in Place of earlier order which was dispatched
on 04/07/2024.
Sd/- M. SRINIVAS
ASSISTANT REGISTRAR
•
HIGH COURT
DATED:25/06/2024
DATED:09/07/2024
AMENDED ORDER
§_ 2 4 JUL 2024 B
'^2^' Section ,
^ATC
DISPOSING OF THE WP WITHOUT COSTS
