Disposed

Rosamma Minority College of Education v. The State of Andhra Pradesh

Andhra Pradesh HC13 Mar 2024WP/5691/2024

Case brief

AI extract

What is this about?

In this writ petition, the High Court directed the petitioner institution to submit data and pay processing fees for fee fixation and directed the Regulatory Commission to tentatively fix fees. Regarding non-affiliation, the Court held that once NCTE grants recognition under Section 14, the University must grant affiliation.

What did the court decide?

Petitioner directed to pay fee and submit data; Commission to fix tentative fee; University to grant affiliation due to NCTE recognition.

Rosamma Minority College of Education… — Pension and Retirement Benefits | 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 FOURTEENTH DAY OF MARCH 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: 5691 OF 2024

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Between:

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Rosamma Minority College of Education, Rep by its Correspondent^Sri. K. Ranga Reddy Nabikot, YSR District, Andhra Pradesh.

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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,^6thBattalian 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, Floor, Sree Mahendra Enclave, NRI Block (C-Block). NH-16, Tadepalli, Guntur District - 522501.

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The Southern Regional Committee, National Council for^Teachers Education G-7, Sector 10, Dwaraka New Delhi-110075.

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Yogi Vemana University, Rep by its Registrar Vemana Puram, Yogi Vemana University Road Kadapa District, Andhra Pradesh.

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...Respondents

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ more^{inthenatureofWrit} of Mandamus declaring the action of the 5‘^ Respondent in not granting affiliation to the Petitioner institution and the action of the 3"^^ Respondent for

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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 2"^ Respondent in not allowing the Petitioner-Institution to take part in the EDCET - 2023 counselling despite knowing the fact that the Petitioner institution got continuation recognition on 13-02-2024, 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, Regulations framed therein and consequently direct the 3'^^ 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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Prayer Is amended as per the Court Order dt 14.03.2024 vide orders passed in I.A.No.03 of 2024.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5‘' Respondent university to grant affiliation for the academic year 2023-24 to the Petitioner institution duly taking note of the continuation recognition orders issue by the 4‘^ Respondent on 13-02-2024, pending disposal of the Writ Petition, in the interest of justice.

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lA NO: 2 OF 2024

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Petition under Section 151 CPC is filed 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

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to determine the fee structure for the Petitioner- Institution without penalty and consequently direct the 2'"'^ Respondent Council to permit the Petitioner to participate in the APEDCET - 2023 online counselling^{scheduledfrom31-} 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

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Counsel for the Respondent No.2: Ms. S.PARINEETHA, SC for APSCHE

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Counsel for the Respondent No.3: SRI C.SUDESH ANAND, SC for APHERMC

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Counsel for the Respondent No.4: SRI VENNA HEMANTH KUMAR, SC FOR SRC

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Counsel for the Respondent No.5: SRI T.NIRANJAN, SC FOR YVU

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The Court made the following order:

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APHC010107422024

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[3333]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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■Jn

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(Special Original Jurisdiction)

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THURSDAY ,THE FOURTEENTH DAY OF MARCH 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: 5691/2024

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Between:

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Rosamma Minority College Of Education ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.SRI VIJAY MATHUKUMILLI

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION

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2.S PARINEETA

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3.C SUDESH ANAND(SC FOR APSCHE)

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4.VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL)

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5.TENEPALLI NIRANJAN

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The Court made the following:

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ORDER;

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The present Writ Petition came to be filed under Article 226 of the Constitution 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 5'^ Respondent in not granting afifliation to the Petitioner institution and the action of the S'-d Respondent for 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^{thatthePetitioner} did not pay the processing fee and submitted the data as notiifed by the 3'-^ Respondent and the consequential action of the 2’^’^ Respondent in not allowing the Petitioner-Institution to take part in the EDCET-2023 counselling despite knowing the fact that the Petitioner institution got continuation recognition on 13.02.2024, as being arbitrary, illegal and violative of Articles 14 and 19 of the Constitution of India and violative of A.P. 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 commission to determine the fee structure for the Petitioner institution... ”

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Heard learned counsel for the petitioner and learned Government Pleader for Higher Education appearing for the respondents. 3. During hearing, learned counsel for the petitioner^{andlearnedcounsel} 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^{thisHon’ble} Court to issue similar directions even in this Writ Petition with regard to the determination of the fee structure for the various B.Ed. Courses.

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In view of the specific request made by learned counsel for th^ 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:

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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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On receipt of the same, the Commission is directed to process the representation of the petitioner(s,) immediately on^{orbeforecommencement} 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^{dated30.06.2022} 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.

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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 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 the students that the fee shown in the admission process, which is being collected initially, ISi: 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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Vll. The Commission may also consider early fixation of the^finalfee that can be collected by the college for the block period^{2023-24to2025-26.} 6. With regard to the second relief sought by the petitioner in not granting affiliation to the petitioner institution by the respondents, it is a fact that the petitioner’s institution was granted recognition from the NCTE as required under Section 14 of the NCTE Act. In such a case, where the NCTE has already granted recognition to the petitioner’s^{institutionunder} Section 14 of the NCTE Act, the respondent-University^doesnothave any other option except granting affiliation to the petitioner-insti^tutionandthe said issue is also covered by the order of this Court dated 23.01.2024 passed in W.P.No.31756 of 2023 and Batch. 7. In view of the same, as the NCTE has granted recognition to the petitioner-institution, this Court feels it appropriate to dispose of the Writ Petition by directing the respondent Nos.5 and 6 to consider the case of the

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petitioner for grant of affiliation in accordance with the existing rules an. regulations.

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Accordingly, with the above direction, the Writ Petition is disposed of There shall be no order as to costs.

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Registry is directed to attach a copies of orders passed in W.P.No. 18309 of 2023 dated 25.07.2023 and W.P.No. 18649 of 2023 dated 27.07.2023 to this order.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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SECTION OFFICER

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To, ^ Government Higher Education Department GulfolTtricr Buildings Velagapudi, ' Council for Higher Education

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overnment of Andhra Pradesh, Neeladri Towers, 6^^ Battalian Road

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Mangalagiri, Andhra Pradesh 522503 In^d Soring Education Regulatory h C°''®''"'^®"’°f'^odhra Pradesh Floor ^

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Dirtric^!'522501 NH-16, Tadepalli, Guntur

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The Southern Regional Committee, National Council for,u Teachers tducation G-7, Sector 10, Dwaraka New Delhi-110075

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The Registrar, Yogi Vemana University, Vemana i Puram, Yogi Vemana

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University Road Kadapa District, Andhra Pradesh.

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1 nn^ nn 1° Mathukumilli, Advocate [OPUC] 8 On! rn ° ^®-^^^Pa'''neetha, SC for APSCHE [OPUC] 9 One CC tn t" ^PSCERMC [OPUC] 10 One cr e t CC for SRC [OPUC] 10.One CC to Sri T.Niranjan, SC for YVU [OPUC] ^ Pradesh.

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'[OU°n ^'9''®'’^ducation, High Court of Andhra

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12.Three CD Copies RAM

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