Allowed

Annapurna Degree College v. the State of Ap

Andhra Pradesh HC16 Aug 2023WP/20869/2023

Case brief

AI extract

What is this about?

The single judge allowed a writ petition filed by a college seeking directions to fix its fee structure for the 2023-24 to 2025-26 block period. The court ordered the Commission to process pending data, treat submitted fees as tentative, and include the college in the admission counselling list after a week to submit required data and pay the processing fee with penalty.

What did the court decide?

Directed the Commission to process the representation and fix tentative fees; directed the State to include the college in the UG admission counseling list; directed the college to submit data and pay

Annapurna Degree College Vs the State… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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^<4 hW

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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’ WRIT PETITION NO: 20869 OF 2023

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Between:

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Annapurna Degree College, Rep by its Correspondent Sri. Chamdrabatla Naga Murali Mohan Prasad Bhuvanapalli, West Godavari District, Andhra Pradesh.

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...PETITIONER

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AND

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1. The State Of Andhra Pradesh, rep by its Special Chief Secretary, Higher Education Department Secretariat, Tullur, Velagapudi, Guntur District

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2. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Secretary Niladri Towers, 6th Battalian Road, Mangalagiri, Guntur District, Aridhra Pradesh 522503.

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3. The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Chairman Niladri Towers, 6th Battalian Road, Mangalagiri, Guntur District, Andhra Pradesh - 522503.

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4. 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

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circurnstances stated in the affidavit filed therewith, the High Court may be pleased, to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 4th Respondent Regulatory Commission in not determining the fee structure for the block period 2023-24 to 2025-26 for the various degree 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 4th Respondent and the consequential action of the Respondents 2 and 3 in not allowing the Petitioner-Institution to take part in the online counselling scheduled to start from 20.07.2023 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

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consequently direct the 4th Respondent commission to determine the fee structure for the Petitioner institution and issue.

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lA NO: 1 OF 2023

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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 4th Respondent Regulatory Commission to determine the fee structure for the Petitioner-Institutions and further direct the 2nd Respondent Council to permit the Petitioner.to participate in the ongoing online counselling, pending disposal of the Writ Petition, in the interest of justice.

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Counsel for the Petitioner :SRI SRI VIJAY MATHUKUMILLI

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Counsel for the Respondents 1 to 3: GP FOR HIGHER EDUCATION

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Counsel for the Respondent No. 4: SRI S.PARINEETA, SC FOR AP HIGHER EDUCATION REGULATORY & MONITORY COMMISSION

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The Court made the following: order

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r--.

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.20869 of 2023

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ORDER;

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During- fiearing, 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.

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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

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case also.

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Hence, the Writ petition is disposed of with the following

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directions:

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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

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block period 2023-24 to 2025-26 along with representation (if not submitted) by paying the processing fee with penalty as suggested m the notification within a period of one week from today.

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On receipt of the same, the Commission is directed to process the representation of the petitioner, immediately on or before commencement of the 2«d counselling.

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m. The State and Commission are directed to receive the relevant data submitted by the petitioner(s)/coUege(s) as per notification dated 30.06.2022 and the Commission shall tentatively fix the fee that can be coUected by the coUege(s), for the courses offered, on par with the minimum fee that is being fixed in the coUeges m the State and recommend the same to the State Government in five days.

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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 coUege.

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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 web counselling in UG courses for the present Academic Year 202324 through OAMDC.

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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 coUected initially, is a tentative fee and shall be

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subject to further change depending upon the final fee that would be fixed by the Commission.

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vu. The Commission may also consider early fixation of the final fee that can be coUected by the college for the block period

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2023;2.4to 2025-26.

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There shall be no order as to costs. Miscellaneous petitions, if

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any. pending in this case, shall stand closed.

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SD/-SHAIK MOHD. RAFI ASSISTANT ^GI^AR //TRUE COPY// SECTIcWoFFICER

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To,

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Pradesh^?iSSSrEducation Department State Of Andhra Pradesh, Secretariat, Tullur, Velagapudi, Guntur District

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E'’®^®sh State Council for Higher Education Niladri Towers, 6th Battalian Road

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Mangalagiri, Guntur District, Andhra Pradesh 522503.

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The Chairrnan, Andhra Pradesh State Council for Hiqher Education MangZ^h^uSsM

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522501^ Enclave, NRI Block (C-Block). NH-16, Tadepalli. Guntur District -

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One CC to SRI SRI VIJAY MATHUKUMILLI Advocate [OPUC] 6. Two^CCsto GP for HIGHER EDUCATION ,High Court Of Andhra Pradesh. 7. One CC to SRI S.PARINEETA, SC FOR

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