Sri Harsha Degree College vs The State Of Andhra Pradesh
2024 Latest Caselaw 4743 AP

Citation : 2024 Latest Caselaw 4743 AP
Judgement Date : 25 June, 2024

Andhra Pradesh High Court - Amravati

Sri Harsha Degree College vs The State Of Andhra Pradesh on 25 June, 2024

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APHC010261742024
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                  [3333]
                             (Special Original Jurisdiction)

                   TUESDAY ,THE TWENTY FIFTH DAY OF JUNE
                      TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

               THE HONOURABLE SMT JUSTICE V.SUJATHA

                        WRIT PETITION NO: 12904/2024

Between:

Sri Harsha Degree College                                  ...PETITIONER

                                    AND

The State Of Andhra Pradesh and Others                 ...RESPONDENT(S)

Counsel for the Petitioner:

  1. SRI VIJAY MATHUKUMILLI

Counsel for the Respondent(S):

  1. GP FOR HIGHER EDUCATION

  2. C SUDESH ANAND(SC FOR APSCHE)

The Court made the following:
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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 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 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 2nd 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 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 for respondent No.1 and Mr.C.Sudesh Anand, learned

Standing counsel 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 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), 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

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. 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.

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 costs. As a sequel, miscellaneous