Disposed

Sri Vidyaniketan College of Education v. the State of Andhra Pradesh

Andhra Pradesh HC1 Feb 2024WP/2650/2024

Case brief

AI extract

What is this about?

The High Court directed the petitioner college to submit data and pay processing fees with penalty within one week. The Commission was ordered to tentatively fix fees and recommend them to the State Government within five days, enabling the college's participation in upcoming B.Ed counseling.

What did the court decide?

Direction to submit data and pay processing fee; Commission to tentatively fix fee and recommend to State Govt; College admitted to counseling.

Sri Vidyaniketan College of Education Vs the… — Education and Admissions | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV

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(Special Original Jurisdiction)

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FRIDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 2650 OF 2024

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Between:

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Sri Vidyaniketan College Of Education, Rep by its Correspondent Sri. Bindela Karunakar Reddy, Tadipatri Village AND Post, Tadipatri Taluka, Ananthapuram District, Andhra Pradesh -515411.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary to Government Higher Education Department, Tulluru Secretariat Buildings Velagapudi, Guntur District

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The Andhra Pradesh State Council for Higher Education, Government of Andhra Pradesh Rep by its Secretary Neeladri Towers, 6th Battalian Road Mangalagiri, Andhra Pradesh 522503

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The Andhra Pradesh Higher Education Regulatory AND Monitoring Commission, Government of Andhra Pradesh Rep by its MemberSecretary 3rd Floor, Srec Mahendra Enclave, NRI Block (C-Block). NH16, Tadepalli, Guntur District - 522501.

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Sri Krishnadevaraya University, Sku Main Gate, Ananthapuram, District Andhra Pradesh.

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...RESPONDENTS

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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 issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 3 rd Respondent, Regulatory Commission in not determining the fee structure for the block period 202324 to 2025-26 for the various B. Ed. 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 3 RD Respondent and the consequential action of the Respondents 2 and 3 in not allowing the Petitioner-Institution to take part in the ensuing online counselling scheduled to start from 31-01-2024 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, Regulationsframed therein and consequently direct the 3 RD Respondent^{todeterminethefee} structure for the Petitioner commission 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 3'^'^ Respondent Regulatory Commission^todetermine the fee structure for the Petitioner-Institution and consequently direct the 2nd Respondent Council to permit the Petitioner to participate in the APEDCET - 2023 online counselling scheduled from 31-01-2024, pending disposal of the Writ Petition, in the interest of justice.

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Counsel for the Petitioner: SRI. SRI VIJAY MATHUKUMILLI Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent No.2: M/s. S. PARINEETHA, SC FOR

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HIGHER EDUCATION

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Counsel for the Respondent No.3: SRI. SURESH ANAND, SC FOR APHER

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Counsel for the Respondent No.4: SRI. M. KARIBASAIAH, SC FOR SRI KRISHANDEVARAYA UNIVERSITY

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The Court made the following: ORDER

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THE HONOURABLE SMT JUSTICE V. SUJATHA

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W.P. NO.2650 OF 2024

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution

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of India seeking the following relief:

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“to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 3’’^ Respondent, Regulatory Commission in not determining the fee structure for the block period 2023-24 to 2025-26for the various^B.Ed. 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 3^<^ Respondent^andthe consequential action of the Respondents 2 and 3 in not allowing the Petitioner-Institution to take part in the ensuing online counselling scheduled to start from 31.01.2024 as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of A.P. Elducational 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 3''^ Respondent to determine the fee structure for the Petitioner institution....”

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Heard learned counsel for the petitioner, learned Government Pleader for Higher Education appearing for the respondent No.l, Ms.S.Parnitha, learned Standing appearing^for respondent No.2, Mr.C.Sudesh Anand, learned Standing Counsel appearing for respondent No.3 and Sri M.Karibasaiah, learned Standing Counsel appearing for respondent No.4.

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During hearing, learned counsel for the petitioner and learned counsel appearing for the respondents would^submit

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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 HonlDle 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 i n this Writ Petition also.

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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.

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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.

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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.

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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^thatis being fixed in the colleges in the State and recommend^the same to the State Government in five days.

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)

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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 college.

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V. After receiving the request from the Commission,^theState Government shall display the petitioner(s)/college(s)^inthe list of colleges at official website for participating in the upcoming web counselling in B.Ed courses for the present Academic Year 2023-24.

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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

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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,

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vii. The Commission may also consider early fixation of the final fee that can be collected by the college for^theblock period 2023-24 to 2025-26.

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There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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SDI- P VINOD KUMAR

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ASSISTANT REGISTRAR //TRUE COPY// T

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SECTION OFFICER

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To.

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The Principal Secretary to Government Higher Education Department, State of Andhra Pradesh, Tulluru, Secretariat Buildings Velagapudi, Guntur District

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The Secretary, Andhra Pradesh State Council for Higher Education. Government of Andhra Pradesh, Neeladri Towers, 6th Battalian Road Mangalagiri, Andhra Pradesh 522503

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The Member-Secretary, Andhra Pradesh Higher Education Regulatory

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AND Monitoring Commission, Government of Andhra Pradesh,^3rd Floor, Srec Mahendra Enclave, NRI Block (C-Block). NH-16, Tadepalli, Guntur District - 522501.

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