The High Court dismissed a writ petition challenging a fee demand order as infructuous, as an interim order suspending the proceedings had already been passed pending disposal of the petition.
Writ petition dismissed as infructuous; no order as to costs; pending miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
f
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
N ^TfiE HON’BLE SMT. JUSTICE V.SUJATHA
WRIT PETITION NO: 29219 OF 2013
Between:
Adarsha College of Education, Giddalur, Prakasam District, rep.by its Correspondent & Secretary Sri B.Thimmaiah, S/o. Thimmaiah, Aged about 69 years, R/o. Kurnool, Kurnool District. ...PETITIONER AND The Acharya Nagarjuna University, rep.by its Registrar, Nagariuna Nagar Guntur District.
...RESPONDENT
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 a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the Proceedings of the respondent No.ANU/Affiliation/University Service Fee/2012, dt.26-11-2012 demanding the Admission Registration/Recognition/University Services Fee Rs.96,000/- for 160 students for the academic year 2012-2013, in addition to the fee fixed by the Committee for Fixation of Fee Structure in Private Un-aided Professional Colleges constituted by the Govt, of A.P. prescribed under Andhra Pradesh Private Minority and Non Minority (Aided/Unaided) Colleges of Education (Regulation of Admissions into B.Ed Course through Common Entrance Test) Rules, 2005 made under Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 as illegal, arbitrary, without power or authority
and opposed to the Art.14 of the Constitution of India and consequently set aside the same.
I.A. NO: 1 OF 2013fWPMP. NO: 36297 OF 20131
Petition under Section 151 CPC praying that in the circumstances stated in the afficfavit filed in support of the writ petition, the High Court may be pleased to direct the respondent to issue the Certificates of the petitioner Institution Students without insisting the petitioner to pay the Admission Registration/Recognition/University Services Fee, by suspending the proceedings No.ANU/Affiliation/University Service Fee/2012, dt.26-11-2012 issued by the respondent, pending disposal of the writ petition.
Counsel for the Petitioner: SRI S. A. .K MYNUDDIN
Counsel for the Respondent: SRI M. MURALI LINCOLN(STANDING COUNSEL FOR ACHARYA NAGARJUNA UNIVERSITY)
The Court made the following: ORDER
< (
THE HON’BLE SMT JUSTICE V. SUJATHA
Writ Petition No.29219 of 2013
ORDER:
The present writ petition has been filed by the petitioner under Artiqle 226 of Constitution of India, challenging the proceedings No. ANU/Affiliation/University Service Fee/2012, dated 26.11.:^012 demanding the admission registration/recognition/university services fee Rs.96,000/- for 160 students for the academic year 2012-2013, in addition to the fee fixed by the Committee for fixation of fee structure in private un-aided professional colleges constituted by the Government of A.P., prescribed under Andhra Pradesh Private Minority and Non minority (Aided/Unaided) Colleges of Education Rules, 2005 made under Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983. When the writ petition came up for admission on 11.10.2013,this Court has passed an interim order in W.P.M.P.No.36297 of 2013 directing the respondent to issue the certificates of the petitioner institution students without insisting the petitioner to pay the admission registration/recognition/university services fee, by suspending the proceedings dated 26.11.2012 issued by the respondent. In view of the interim order passed by this Court on 11.10.2013, this Court feels that the cause in the writ petition would not survive for further adjudication.
2
Accordingly, this Writ Petition is dismissed as infructuous. There
shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any in the Writ
Petition, shall stand closed.
Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR
//TRUE COPY//
To,
SECTION OFFICER
- One CC to Sri S. A. K. Mynuddin, Advocate [OPUC
- [cJpuq^ ^ fof Acharya Nagarjuna University
- Three C.D. Copies.
Cnr
HIGH COURT
DATED;20/03/2024
ORDER WP.No.29219of2013
\ 6 DEC aid s
^ current Section
dismissing the W.P. as INFRUCUTOUS WITHOUT COSTS
Adarsha College of Education, Giddalur
The Acharya Nagarjuna University
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
