Disposed

Sri Saraswathi B.Ed College v. the State of Ap

Andhra Pradesh HC21 Feb 2024WP/4726/2024

Case brief

AI extract

What is this about?

B.Ed college challenged exclusion from online counselling due to non-determination of its fee structure for block period 2023-24 to 2025-26. Following earlier writ orders and a Division Bench judgment, the Court disposed of the petition directing submission of data with processing fee and penalty, tentative fee fixation on par with minimum State fee, and listing of the college in web counselling.

What did the court decide?

Directions issued: data and processing fee to be furnished within one week; Commission to process and tentatively fix minimum fee; college to be listed in web counselling for 2023-24.

Sri Saraswathi B.Ed College Vs the State of Ap — Education and Admissions | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 4726 OF 2024

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Between:

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Sri Saraswathi B.Ed College, Rep by its Correspondent Sri. Maluga Vinay Vamsi Karivena, Atmakur, Kurnool District, Andhra Pradesh.

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...PETITIONER

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AND

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The State of AP, 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 Member-Secretary 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16 Tadepalli Guntur District-522501. ’

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Rayalaseema University, Rep by its Registrar Nandyal Road, Kurnool 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 Respondent, Regulatory Commission in not determining the fee structure for the block period 2023-24 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'^'^ 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 Rules, Regulations framed therein and Act and consequently direct the 3'^^ Respondent commission to determine the fee structure

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for the Petitioner institution and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'^'^ Respondent Commission to determine the fee Regulatory structure for the Petitioner- Institution and consequently direct the 2"*^ 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(s): SRI. SRI VIJAY MATHUKUMILLI

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Counsel for the Respondent No.1 : GP FOR HIGHER EDUCATION

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Counsel for the Respondent No.2 : M/S S PARINEETA,^SC FOR APSCHE Counsel for the Respondent No.3 : SRI C SUDESH ANAND,^SC FOR APHERMC

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Counsel for the Respondent No.4 : Ms. Y. RATNA PRABHA,^SCFOR RAYALASEEMA UNIVERSITY

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The Court made the following: ORDER

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ORDER:

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Heard learned counsel for the petitioner, learned Government Pleader for Higher Education appearing for the respondent No.1, Mrs.Parineetha, learned Standing Counsel appearing^{forrespondentNo.2,} Sri C.Sudesh Anand learned counsel appearing for respondent^No.3and Ms.Y.Ratna Prabha, learned Standing Counsel appearing for the respondent No.4.

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learned 2. During hearing, learned counsel for the petitioner^and counsel appearing for the respondents would submit^{thatinsimilarsetof} circumstances, this Court passed detailed orders in^{W.P.No. 18309of2023} dated 25.07.2023 and W.P.No. 18649 of 2023 dated 27.07.2023^relyingon the judgment of the Hon’ble Division Bench of this^{Courtpassedanorderin} Writ Appeal No.607 of 2023, dated 21.06.2023 and requested^{thisHon’ble} Court to issue similar directions even in this Writ^{Petitionalso.}

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for the 3. In view of the specific request made by learned counsel petitioner(s) and learned Government Pleader for Higher^Education, let there be a similar order passed in W.P.No. 18309 of^{2023dated25.07.2023} and W.P.No.18649 of 2023 dated 27.07.2023 even in this^casealso.

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Commission in not determining the fee structure for the block period 2023-24 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^the3 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 Rules, Regulations framed therein and Act and consequently direct the 3rd 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.

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Counsel for the Petitioner(s):SRI. SRI VIJAY MATHUKUMILLI

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Counsel for the Respondents: GP FOR HIGHER EDUCATION

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The Court made the following:

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ORDER:

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Heard learned counsel for the petitioner, learned Government Pleader for Higher Education appearing for the respondent No.1, Mrs.Parineetha, learned Standing Counsel appearing for respondent No.2, Sri C.Sudesh Anand learned counsel appearing for respondent^No.3and Ms.Y.Ratna Prabha, learned Standing Counsel appearing for the respondent No.4.

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During hearing, learned counsel for the petitioner^and learned counsel appearing for the respondents would submit^{thatinsimilarsetof} circumstances, this Court passed detailed orders in^{W.P.No.18309of2023} 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 anorder in} Writ Appeal No.607 of 2023, dated 21.06.2023 and requested^{thisHon’ble} Court to issue similar directions even in this Writ^{Petitionalso.}

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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^{2023dated25.07.2023} and W.P.No. 18649 of 2023 dated 27.07.2023 even in^{thiscasealso.}

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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

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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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iii. The State and Commission are directed to receive the relevant data submitted by the petitioner(s)/college(s) as per notification dated

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. 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,

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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. 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 upcoming web counseling 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^{thestudentsthat} 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^{theCommission,}

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vii. The Commission may also consider early fixation^{ofthefinalfeethat} can be collected by the college for the block period^{2023-24to2025-} 26.

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There shall be no order as to costs. As a sequel, miscellaneous

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applications pending, if any, shall also stand closed.

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//TRUE COPY//

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Sd/- K. KASI RAO ACHARI ASSISTANTjREGI^RAR SEdriON OFFICER

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To,

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The Principal Secretary to Government, Higher Education Department, State of AP, 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^{BattalianRoad} Mangalagiri, Andhra Pradesh 522503.

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The Member-Secretary, Andhra Pradesh Higher Education Regulatory & Monitoring Commission, Government of Andhra Pradesh, 3rd Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16, Tadepalli,^{GunturDistrict-} 522501.

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The Registrar, Rayalaseema University, Nandyal Road, Kurnool District, Andhra Pradesh.

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One CC to SRI. SRI VIJAY MATHUKUMILLI, Advocate [OPUC] 6. Two CCs to GP for HIGHER EDUCATION, High Court of^{AndhraPradesh.} [OUT]

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One CC to M/S S PARINEETA, SC FOR APSCHE [OPUC 8. OneCCtoSRI CSUDESHANAND, SC FORAPHERMC OPUC] 9. One CC to M/S Y. RATNA PRABHA, SC FOR RAYALASEEMA^UNIVERSITY [OPUC]

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