Dismissed

Sankaras College of Education, v. The Rayalaseema University

Andhra Pradesh HC14 Mar 2024WP/5740/2018

Case brief

AI extract

What is this about?

Education colleges challenged Rayalaseema University's demand for a University Development Fee per student in addition to fee fixed by the State fee fixation committee. The court held that since the relief pertained to academic year 2018 and an interim order had been passed earlier, the writ petition did not survive and dismissed it as infructuous.

What the court decided

AI extract

Sankaras College of Education, Vs The… — Education and Admissions | Andhra Pradesh HC (2024)

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

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FRIDAY, THE FIFTEENTH DAY OF MARCH 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: 5740 OF 2018

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Between:

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t Sankaras College of Education, Kurnool, Kurnool District, rep by Its Correspondent and Secretary Sri B.ThImmaiah, S/o. Thimmaiah, Aged about 76 years, R/o Kurnool, Kurnool District.

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Saraswathi College of Education, Kurnool, Kurnool District, rep by its Secretary Sri B.Thimmaiah, S/o. Thimmaiah, Aged

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about 76 years, R/o Kurnool, Kurnool District.

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3, Sn Sainath College of Education, Yemmiganur. Kurnool District, rep by T r Ve/rf Sri T.Krishna Mohan, S/o T.C.Venkataiah, Aged about 43 years, R/o. Kurnool, Kurnool Dist. Kur^nonf n^fCollege of Education, Nandikotkur Road, Kurnool, Mohan ? .Correspondent and Secretary Sri T.Krishna Kurnool &s°' ^9®'^ ®bout 43 years, R/o. Kurnool,

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Nandikotkur, Kurnool District, rep.by its

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/^=t7 A ® Secretary Sri M.Sreenivasulu, S/o. M.Sanjanna (Late), Aged about 51 years, R/o. Kurnool Kurnool'' Dist. oaujanna D[strict''"reo bv College of Education, Kurnool, Kurnool s o Mc; Its Correspondent and Secretary Sri M.Sreenivasulu S/o. M.Sanjanna (Late), Aged about 51 years, R/o Kurnool, Kurnool

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Dist.

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Nalanda College of Education, Yemmiganur, Kurnool District, rep.by its

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VMahononHCorrespondent' L, Aand Secretary Smt.M.Thirupatamma, W/o • Mahanandaiah, Aged about 52 years, R/o Yemmiganur, Kurnool Dist.

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Usodaya College of Education, Yemmiganur, Kurnool District, rep.by its

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Correspondent. and Secretary Smt.M.Thirupatamma, W/o V.Mahanandaiah, Aged about 52 years, R/o. Yemmiganur, Kurnool

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Dist.

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Nava Bharath College of Education, Nandyal, Kurnool District, rep.by its Correspondent and Secretary Sri Quddus, S/o. S.Mohd.Pasha, aged about 40 years, Rio Kurnool, Kurnool District.

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lO.Sri Laxmi Venkateswara College of Education, Kurnool, Kurnool District, rep.by its Correspondent and Secretary Sri K.Thifupataiah, S/o.’ K.Ch.Nagaiah, aged about 65 years, R/o. Kurnool, Kurnool District. ...Petitioners

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AND

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The Rayalaseema University, Kurnool, rep. by its Registrar, Kurnool, Kurnool District.

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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 a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent demanding the petitioner institutions herein to pay University Development Fee Rs.1750/- per each student from the petitioner Institutions by referring the Proceedings dt.16-05-2016, 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.

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lA NO: 1 OF 2Q1S

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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 writ petition, the High Court may be pleased to direct the respondent not to insist the

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University Development Fee to the petitioner petitioners to pay the institutions for the academic year 2017-2018, pending^{disposaiofthewrit} petition.

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Counsel for the Petitioners: SRI S. A. K. MYNUDDIN

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! 4

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Counsel for the Respondent: M/s. Y. RAIN A PRABHA SC FOR RAYALASEEMA UNIVERSITY

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The Court made the following: ORDER

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APHC010125562018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3333]

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FRIDAY ,THE FIFTEENTH 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: 5740/2018

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Between:

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Sankaras College Of Education, and Others ...PETITIONER(S)

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AND

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The Rayalaseema University

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...RESPONDENT

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Counsel for the Petitioner(S):

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1.S AKMYNUDDIN

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2.CHALLAGALI GOPALARAJU

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Counsel for the Respondent:

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1.Y RATNA PRABHA (SC FOR RAYALASEEMA UNIVERSITY)

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The Court made the following:

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ORDER:

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The present writ petition has been filed by the petitioners under Article 226 of Constitution of India, to declare^theactionof the respondent demanding the petitioner institutions^hereintopay University Development Fee Rs 1750/ per each student^fromthe petitioner Institutions by referring the Proceedings^dt16052016 ini:: addition to the fee fixed by the Committee for Fixation^ofFee Structure in Private Unaided Professional Colleges^{constitutedby} 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^ofIndia.

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When the writ petition came up for hearing on 21.02.2018, this Court has passed the following interim order;

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“In view of the judgment dated 08.02.2010 in W.P.No.27195 of 2007 and batch passed by this Court, there shall be interim direction to the respondent not to insist the petitioner to pay the University Service fee only pending disposal of the Writ Petition. ”

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As the relief sought by the petitioner pertains to the year 2018 and even in view of the interim order passed by^thisCourt on 21.02.2018, this Court feels that the cause in the writ petition would not survive.

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Accordingly, this Writ Petition is dismissed as infructuous.

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There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any^inthe

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Writ Petition, shall stand closed.

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SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR

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